What to do if I was arrested for public intoxication and disorderly conduct?

They never read me my Miranda rights or gave me a breathalizer. However, I signed my citations but on both of them they wrote public intoxication. Can they go back and give me disorderly conduct? And can I get out of the charges for not giving me a breathalizer or giving me my Miranda rights?

Asked on February 10, 2013 under Criminal Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Just because you were not given your Miranda rights does not mean that your arrest was improper under the law. Only that anything stated by you that is incriminating could be kept out of the court room.

Just because a breathalyzer test was not given to you does not mean that the public intoxication charge as to you was not based upon probable cause. Your arrest could have been made upon subjective observations of the citing officers. Possibly you could still be cited for disorderly conduct. I suggest that you consult with a criminal defense attorney about your matter.

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