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LawyerLady07, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 299
Experience:  Willing to provide information pertaining to traffic and criminal cases.
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My husband was arrested for public intoxication and spent the

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My husband was arrested for public intoxication and spent the night in jail, while in Virginia beach this spring. He says he "wasn't that drunk". (He has admitted to me he drank on and off all day and then was at the bar having a few more) He has gotten a lawyer and is 'fighting' the charge. The officers asked him to take a breathalizer test, which he refused. Is there any way that he will actually get off?
I know my husband is an alcoholic (he would never admit it), and I have been just waiting for this to happen (or worse). I was hoping this would open his eyes to his condition, but now I don't think so.
Please let me know your opinion, will he get away with it?

-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?

Customer: replied 4 years ago.
He was in a bar with his brothers (2), (husband is 42, brothers are 45, 47) for a 'night cap'. After a few drinks (he will only admit 2 to me) he went to the men's room and when he returned he couldn't find them within the bar, so he stepped outside. Thought he saw them walking down the other side of the street (further down towards hotel/resort they were staying at), so ran (across the street) after them, and fell over the median. (I don't know if he got knocked out from the fall or if he got himself up right away) But he got to the other side of the street (covered in blood from the fall) and within moments the officers were there asked him where he was staying. He told them hotel 'x' and the officers said there was no hotel 'x'. I don't have details on what else was said, but I know his tone and temper. The officers told him he was intoxicated and took him to the station. (this is all after mid-night) I don't have all the details as he leaves me in the dark. but he did say he refused the breathalizer 2 times, telling them he couldn't do that right now. So he spent the remainder of the night in jail.

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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