Can I represent myself for a drunk in public arrest?
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Can I represent myself for a drunk in public arrest?
I was arrested for my second drunk in public violation last week. My friends and I went to a bar in a party bus for a birthday celebration. I was kicked out of the bar for being drunk and talking back to a bouncer. The bar manager called the cops while I was being held by the bouncers outside of the bar. Our party bus could have easily picked me up and I could have gone home; instead I was taken away in a cop car. The manager had agreed to let me go if the party bus would’ve pull up to the front of the bar. I sat on the curb and watch the bus leave without me.
Asked on July 28, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have been charged with public intoxication by law enforcement and you do not agree to a plea, but wish to go to trial and represent yourself, you have that Constitutional right in California.
The problem with representing yourself in such a situation is that most likely a blood/alcohol or urinanalysis was taken of your blood alcohol content at the time of your arrest. If so, the prosecution will use such evidence as part of its case in chief to discredit you in your defense as your own lawyer.
Alcohol intake impairs one's ability to recall events. Furthermore, by representing yourself at a trial,you may want to take the stand and give your version of what happened. If so, you waive your Constituional right against self incrimination.
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