Criminal Law Questions? Ask a Criminal Lawyer.
-I'd be happy to provide you with an educated opinion about what could possibly happen in court. Could you explain your situation a little more? Specifically, do you have any details regarding your husband's interaction with the officer that lead up to the public intoxication charge?
Well, as with any criminal trial, it's impossible to predict the outcome. But I'll provide you with some detailed information about this specific charge.
A public intoxication charge is based largely on the officer's observations and possibly the defendant's statements. The fact that they were unable to administer a breathalyzer test will not be determinative in this kind of case.
The judge may most likely look for evidence of the defendant's demeanor, his speech (slurred or clear), and whether he made statements about having consumed alcohol. He/she may also take into account officer's observations of odor of alcohol, glassy eyes, mental disorientation, unsteadiness on one's feet or stumbling.
Like I said, I can't predict the outcome of your husband's case, but it sounds to me like there may be several factors indicating intoxication in this situation. However, his lawyer may have a defense prepared to discredit these factors if it does in fact go to trial.
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