If your arrested for drunk in public, is it the same as a DUI ?

Question

A friend was arrested for that and the officer did not adminster the breathalyzer or any other tests, like one would get for a DUI. She had to spend 2 hrs in jail, and then released. And will she have a fine and have to do community service, attend classes, or even serve more jail time? And if required by law that she should have had those tests done, will the case be dismissed ?

Answer 1

Being drunk in public is not the same as a DUI.  DUI means driving while intoxicated.  She will not get more time.  She will pay court fees and whatever the Judge feels like that day.

Answer 2

i thinks so...... its a P.I..they should of made her the tests

Answer 3

There is a big difference between drunk in public, and DUI.  The Police don't have to perform sobriety tests on Publicly intoxicated subjects.  (They are not driving).   They only have to determine that she was a danger to herself or others.  Pay the fine, do the community service, and drink at home!

Answer 4

Public drunkenness is USUALLY an infraction, violation or an offense under a local ordinance or administrative code, which is lower then a misdemeanor and considered non-criminal.  There is no criminal record associated with it, so its akin to getting a speeding ticket.  You just pay the fine and move on with it.  DWI are most often misdemeanors and in some cases felonies in certain circumstances, which means you are being charged with an actual crime and can face potential jail time.

Answer 5

No it`s not the same.She probably was put in jail for the two hours until they thought she could get home safely.She might get a fine for public intoxication.I would not think she would have to go to any classes.And who would she would have to spend any more time in jail unless she doesn`t pay her fine.

Answer 6

no, public drunkeness is totally different. BUT, you can have your license suspended for underage drinking, not sure about an adult.,