Legal Question in Criminal Law in Indiana
public intoxication in Indiana
Son on probation. Officer followed his friends car for about 12 blocks and did not pull them over. They came home and then left to go to Walmart. My son was first to come out of Walmart while other was using restroom and was asked if he was driving that car. He said no and then went up to sit at the bench at Walmart waiting for his friend. The officer called another officer evidently with dogs but found nothing in the car. He then came up to my son sitting on the bench and asked him why he was still there. He said he was waiting for his ride. He decided to go ahead and get him and his friend another ride if they were going to be harassed. The officer then gave him a breathalizer test and would not show it to him. He said he was taking him to jail for public intox. My son asked what he blew and he said he was not obligated to tell him. He showed the other officer what he blew. He said he blew a 1.0 and my son requested for him to be taken to the station to be given another one because he had not been drinking. The officer refused. When my son got to the jail he requested another one to be given but they still refused. Is there anything that can be done about this?
1 Answer from Attorneys
Re: public intoxication in Indiana
With your son being on probation, any conviction will likely get him revoked and make him serve jail time. Since the stakes are potentially very high here, he should consider hiring an attorney to fight the Public Intoxication charge.
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