Re: Lawyer
Posted by:
Mike, esq.
()
Date: December 16, 2007 08:16AM
You watch too much TV and rely too much on the advice of your drunk friends. They don't have to "read you your rights" on a drunk in public charge and they don't have to give you a breathalizer.
"Miranda" only applies to custodial interrogations, not just the fact that you were arrested. I'm certain you gave the officer quite enough to arrest upon without them interrogating you.
Why would they give you a breathalizer? Unlike driving, there is no "legal limit" for being drunk in public so even with a breath result it wouldn't matter anyway.
The key to that charge is "appearing" intoxicated. By "appearing" the officer likely took into account your demeanor (which was most likely rude and obnoxious), your appearance, perhaps your coordination, and any odor of an alcoholic beverage to name a few.