if i am underage and cops come to my house and i have been drinking and i answer the door and they realize i have been drinking can they arrest me even though i am in my own house & they didn't see me doin it or have no proof & or i refuse to take a breathulizer test or any other tests?
2007-01-31 10:02:43 · 5 answers · asked by heidi20062008 1 in Politics & Government ➔ Law Enforcement & Police
If you are inside your home you can not be arrested for "public intoxication". Generally, you would have to be "in possession" of the intoxicant and even then you are normally just going to be told to dump it and given a ticket.
Please note that breathalyzers and intoxilyzers are used for D.U.I. situations and are not required (in most jurisdictions) when dealing with a public intox charge. Generally, all that is required is that the officer be able to explain why he/she thought you were drunk (bloodshot eyes, staggered gait, you puked on yourself, stuff like that). So there doesn't have to be evidence (proof).
2007-01-31 11:45:50 · answer #1 · answered by skh1972 3 · 0⤊ 0⤋
Yes, Yes and Yes! You have to be a complete idiot to do that anyway. If an officer suspects drinking, he can arrest you just on his own judgement. Also, even if you weren't drinking, you can be arrested under the guilty by association law.
2007-01-31 18:08:33 · answer #2 · answered by slithers22 1 · 1⤊ 1⤋
most alcohol laws deal with minors "who are in possession of alcohol." for instance, if the police respond to your house for a loud party call, realize that you are underage and observe multitudes of beer cans or bottles of alcohol plainly visible, you are going to have a problem. not to mention, if you are hosting a "disorderly home" you may be arrested for disturbing the peace and/or disorderly conduct. if you are drunk and belligerent, you can bet your %$$ that you are going to jail
2007-01-31 18:16:40 · answer #3 · answered by Officer Baz Says... 2 · 2⤊ 0⤋
yes , dont answer the door drunk is one good way to avoid that as is attracting the attention of cops to your house in the first place
2007-01-31 19:11:03 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They can arrest you if they smell alcohol on your breath or if they see you in possession of it. (even in your own house)
2007-02-01 08:45:01 · answer #5 · answered by John71 3 · 0⤊ 0⤋