Can you be convicted of public intoxication without a blood test if the intoxicant in question is a narcotic?

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Can you be convicted of public intoxication without a blood test if the intoxicant in question is a narcotic?

I have a friend who was recently arrested and charged with public intoxication. The police accused them of being under the influence of an unspecified drug. My friend did not have or ask for legal defense and was convicted of public intoxication in court; however, the police never performed a blood test, they just assumed that my friend was intoxicated.

Asked on February 8, 2011 under Criminal Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

With a PI (as with a DUI) no blood or breath test need be administered. A charge of PI can be made if a person fails a field sobriety test.  Additionally, typically such state statutes simply require that for a charge of PI all that must be proven is that person was intoxicated to the extent that they were danger to themselves or others.  That's not to say that there weren't any procedural improprieties that occurred, but without more of the specifics of the case its hard to advise further. 


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