Legal Question in DUI Law in Tennessee

I was arrested for public intoxication after another person pushed me to the ground and I hit my head on the concrete. My question is, if I only had one drink, never been arrested before in my life, why wasn't I offered medical help due to the fact I had hit my head, was dizzy, then given a field sobriety test of walking a line and arrested for PI? Do I have rights? If I ask for a breathalyzer test why wasn't I given one? State of Tennessee. Thank you.


Asked on 2/12/11, 10:21 pm

1 Answer from Attorneys
Charles Bloodworth

Step One: An arrest is NOT a conviction. You still have theright to fully challenge your charge(s) in court.

Step Two: There is no requirement that you be given a blood or breath test on a Public Intoxication charge, because there is no "legal limit" for a PI charge.

Step Three: Tennessee requires more that simply being "intoxicated in public" to justify a conviction ... you must be:

- a danger to yourself, or;

-a danger to others, or;

- unreasonably annoy other people.

To be blunt, nobody is going to make a major case out of the Class C Misdemeanor of Public Intoxication, but you certainly don't need such a conviction on your record. Your best defense appears to be the testimony of those you were with at the time of your arrest. They can vouch for your non-intoxication and the injury to your head.

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Answered on 2/14/11, 7:49 am


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