If I was accused of public intoxication and there was no blood test or field sobriety tests taken, does this make the charge capable of being uphold in court?

This incident occurred on a military installation. But like I stated no tests were taken.

Asked on July 18, 2012 under Criminal Law, Florida


Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

Usually, public intoxication is defined as follows: A person is guilty of intoxication if the person under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a dgree that the person may endanger the person or another, in a publc place or in a private place where the person unreasonably disturbs the peace.

That said, blood tests and field sobriety tests, if admissible, are used as evidence by the prosecutor to prove the offense of "public intoxication".  However, while I am sure the prosecutor would like to have that evidence, they can use any other evidence they have gathered to prove the chrage.  Such as, smell, admissions and other witnesses statements.

In short, there is not one piece of evidence that the prosecutor needs. However, it does not seem like they have a lot of independent evidence to prove publc intoxcaton.

Hope this helps.

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