Facing public intoxication charges? Michigan criminal defense lawyer, Aaron J. Boria, is a courtroom tested lawyer known for getting results. Call (734) 453-7806 for a free consultation.
Ann Arbor Public Intoxication Dismissed
A suspect was at a Speedway Gas Station in Ann Arbor, MI where he had an altercation with a gas station clerk. The clerk called the police because of the altercation. The police officer who responded to the call made contact with the suspect inside of the Speedway.
The police officer claimed that the suspect appeared to be intoxicated, and that he had glassy eyes. Unfortunately for the suspect he had several Michigan warrants. The suspect was eventually arrested for the charge of a disorderly person – drunk, under Michigan law, MCL 750.167, also referred to as drunk in public or public intoxication.
The suspect was never given a Preliminary Breath Test (PBT) or asked to do any field sobriety tests. The failure of the police to obtain this pivotal evidence became our best defense.
Public Intoxication Michigan Penalties
The punishment for Public Intoxication can be found at MCL 750.168 and is up to 90 days in jail and/or a $500 fine.
In addition to these penalties, a person could also be facing other consequences such as the possibility of probation and being referred for an alcohol assessment. A person is referred for an alcohol assessment to determine whether they have a substance abuse problem. There also may be penalties of community service as well as random drug and alcohol testing.
Public Intoxication Michigan the Case Against You
When a suspect is facing a charge, it is always the burden of the prosecutor to prove the offense.
In order for the Washtenaw County Prosecutor to prove the offense of Michigan Public Intoxication they would have to show that the suspect was: 1. A disorderly person. 2. That they were Intoxicated in a public place. 3. That they were endangering the safety of a person, property, or acting in a way that would cause a public disturbance.
Public Intoxication Defense Lawyer
If a person is not actually intoxicated or behaving in a drunken manner but acting loud because of enthusiasm or excitement.
If a person is involuntarily intoxicated because of the use of prescription medications at the time of the offense.
If a person is charged for public intoxication but is in a private place.
In this case, because the suspect was not given a PBT, there is no evidence showing that the suspect was intoxicated on the day in question. There could have been other circumstances involved with the situation such as the suspect could have had low blood sugar, or was having a medical reaction. This could result in a not guilty verdict because the prosecutor could not meet the second element of the charge.
If you have been charged with a misdemeanor of Michigan Public Intoxication or disorderly person-drunk contact criminal defense lawyer, Aaron J. Boria for a free consolation today (734) 453-7806