A friend of mine got into a little trouble this weekend in Dallas. His story goes like this:

My cousin came up w/ a buddy of his, and We went out to a bar. I don't drink very often so my tolerance is low, so I got really sick and was ready to leave but couldn't find them. I went out to his truck, then when I went back in, I sat down on a bar stool near the door so I could catch them when they left. An undercover cop grabbed me for public intoxication. I've never been arrested before. Most I've had is a speeding ticket and running a red light.
The cop also didn't believe I was 21. He thought I was underage and ran drivers license to figure out I wasn't. I got thrown in a holding cell for 6 hours and didn't have my cousin's cell phone number, so I had no one to call.

The paper they gave him only gives him a date and a time to go to court but no address or telephone number that he can call to ask questions. Is public intoxication a misdemeanor? Should he get legal representation on this? He's concerned that it will show up on his record and that it will affect his ability to get a job in the future.

Thanks for any help or advice...

 

I wonder if your friend had proper ID that showed the officer that he was 21.

Definately tell your friend to get representation. They will know where to show up, etc. I wish your friend the best of luck!

and below was taken from http://www.capitol.state.tx.us/statutes/statutes.html great resource - use it!

 

Sounds like you have some pretty scary friends...even though I was through in jail about 6 times...many MANY years ago.

Actually, I know the details of all of this...i suggest just paying the ticket, it's not a huge deal...

Just my 1,439 rupees...

 

Perhaps paying it could get you out ok - it doesn't seem like a felony in any way - but Greg, do you feel her friend should pay for it just for having a few drinks?

I've been through a lot with courts and I really can't stand them. I take tickets like they are when I have actually been speeding. But, if someone's screwing around with me and telling me I did something that I didn't do, then I don't let them walk over me. But that is just me, and its a lot of trouble at times - and sometimes, it just doesn't pay out - but its what I believe in personally. Now in this case, sure - a few drinks went down...but was there enough in his behaviour that would cause such a case for public intoxication?

Down on 6th in Austin, the public intoxication cases usually revolve around fights, blood spills, and gf abuse - I can't say I've been involved in any way, but I've certainly witnessed all of those instances.

 

A lawyer will get him off easy. Definately get a lawyer, piece of cake. I assume they took a blood sample? If not there is no basis for the charge (No evidence that he was drunk). Also the burden of proof is on the DA to prove he was causing a disturbence or a danger. Simply sitting there minding your own business does not qualify as either.

I suspect there is more to the story than what you have been told. Flipping off the cop or being uncooperative will get you run in. I can't see an undercover cop wanting to spend literally hours filling out paperwork on a drunken college kid. There is more to the story than this.

A lawyer is needed to sort it out and likely it will never get to court. A DA is not going to waste his time on such a case. The court date is to enter a plea. Your friend pleads NOT GUILTY and the lawyer talks to the DA and the case is dropped.

Definately get a lawyer! Not the litigation kind, a criminal lawyer.

 

I suspect that they saw my friend there and since he looks a lot younger than 21, thought they had an easy arrest for an underage drinker. They took no breath or blood test, just fingerprints.

I hope you're right, and I'll pass along the info...

Thanks!

 

[QUOTE]Originally posted by Sondra S2K:
[B]I suspect that they saw my friend there and since he looks a lot younger than 21, thought they had an easy arrest for an underage drinker.

 

While I think it's likely a lawyer could get this tossed, I don't think it's because of a lack of an BAC test. As evidenced by the posting of the statute, Public Intoxication doesn't require the same burden of proof as DUI. In fact, even in Ca. (and probably other states as well) it isn't required that you have a BAC test to be convicted of DUI. In this case, however, it sounds like they would have a pretty flimsy case arbitrarily arresting someone in a bar for public intoxication.