Legal Question in DUI Law in Pennsylvania

Public Drunkenness and not drunk

I was recently charged with public drunkenness after being involved in a disput. I was at a bar and had one drink about a hour and a half prior to being arrested. I had two other cans of coke but the guy I was in the bar with spilled his beer on me. I later got into a fight with the guy that spilled the beer on me after telling him he was wrong to get into a fight at the bar and spilled a drink on me he called the police and I was arrested no breath test or sobriety tests at all. While being taken into custody they said I smelled like beer :/ When they let me out I Was charged with public drunkenness.

Should I dish the money out of a attorney? I am already on probation for a dui from over two years ago that I am still paying for.

Will the judge beleive a word I say or the police? Can I even be found guilty with no evidence that I was drunk?


Asked on 7/21/09, 12:40 am

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Public Drunkenness and not drunk

You can be found guilty regardless of whether or not the police have any evidence of BAC. Much depends on the Magisterial District Judge. A lot of them, especially non-lawyer MDJs will go along with whatever the police want. Generally, it is always best to have an attorney represent you and if you know of one that frequently appears in front of the MDJ that has your case it is probably worthwhile to hire them.

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Answered on 7/21/09, 9:22 am


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