How drunk or intoxicated do I need to be to be arrested for Drunk in Public or Public Intoxication?
There is no specific Blood Alcohol Level (BAC) that sets a limit for Drunk in Public or Public Intoxication arrests. Unlike DWI arrests where there is a Legal Limit of .08% BAC, an officer making a Public Intoxication Arrest is not required to test an indivudual with blood or urine test, nor are they required to adminster a Breath Test on a Drunk in Public Arrest.
Once the case reaches Court, the Prosecutor can and will rely on the arresting officer's observation of the defendant to prove the individual was intoxicated to the point of endangering himself or herself or those around.
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