A friend of mine went to dinner and had 1 & 1/2 beers. Then he went to a HS football game. He was not driving and was not drinking at the game. He had gone to the bathroom, and a local cop smelled the beer on his breath. He had him do a breathalyzer test and it read 0.06, which is below the legal limit. However, this cop handcuffed him and took him to the county jail, saying he was drunk. And that no one could get him out of jail for at least 7 hours. He was most definitely not drunk. . I'm just wondering how this is legal? Can this cop do this and it go on my friends record? Should he get a lawyer and fight it?
Answer
There is no legal limit for public intoxication. The law simply says no one can be in a public place when they are drunk or intoxicated, whatever that might mean. The cop did do it and, yes, if he pleads guilty, he will have a misdemeanor conviction for the rest of his life.
Of course, he should get an attorney. He who represents himself has a fool for a client. Additionally, depending on what all the facts and circumstances of the case are, he might have a lawsuit against the cop.
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