Legal Question in Criminal Law in Iowa
I got put in jail for a night for public intoxication at teh figure eight races this weekend. The officer walked up to me and a friend and accused us of not paying to get in. When we showed him we had our wrist bands on he asked for a breath test and not knowing we could deny it we went ahead with it. He then told us were under arrest for public intoxication and took us in for the night. Can an officer give a public intox ticket at a place where beer is being sold? Is there any way around this?
Asked on 6/27/10, 7:12 pm
1 Answer from Attorneys
Todd Miler
Miler Law Firm
It takes more than a preliminary breath test to convict someone of public intoxication. You do have the right to have an attorney to help defend the case. The officer is likely to say there were other indicators of intoxication.
Answered on 6/28/10, 5:04 am
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