For example Iowa law states ""a person shall not be intoxicated or simulate intoxication in a public place." Intoxicaton being " the state of being affected by one or more psychoactive drugs." Which is what is happening even if you consume a single beer, it will affect you given the makeup of alchohol even if that affect can only be measured in scietific analysis. If so, why does the state allow the restaurant to serve it at all? If a cop wanted would the state allow them to arbitraily pick a restaurant... arrest every person who consumes alcohol and take them down to the local jail and get strip searched (which is commonplace in most bookings)....All be it impractical, is it techincally legal...must people merely rely on the "good nature" of cops and lack of availibity of resources and manpower to avoid such treatement when having a budweiser at the local Applebees???
2007-09-11 08:04:13 · 8 answers · asked by V for Vendetta 1 in Politics & Government ➔ Law Enforcement & Police
Intoxication ~ Stupefaction or excitement by the action of a chemical substance.
I'm sure your state law also states what amount of alcohol consumption defines intoxication.
If a person gets intoxicated after only one drink....maybe they shouldn't drink at all!
2007-09-11 08:16:57 · answer #1 · answered by KC V ™ 7 · 2⤊ 1⤋
The restaurant is a privately owned establishment with a license to serve alcohol, so no they can't arrest you for having a beer in a restaurant. If you leave the restaurant and your blood alcohol level is above the legal limit and you're in a public place, and a cop is in a bad mood, yeah he could arrest you. Each state has their own definition of what that legal limit is. I don't think anybody would go over with one drink.
The sidewalk is a public place. The passenger seat of your car isn't, so if you went straight to your car which was also on the restaurant's private property and then your spouse drove you home, you'd be OK.
As a general rule just don't piss off the police and don't go around blasted drunk in public places. Observing those things will help you very much.
2007-09-11 15:17:00 · answer #2 · answered by Anonymous · 1⤊ 0⤋
A single beer does not normally have enough alcohol to make an adult intoxicated. In the context that you quote, I think "affected" means affected enough for another person to notice without scientific analysis, but ask a lawyer.
If you give a beer to a baby or you lace the beer with large amounts of alcohol (such as by mixing it with Vodka), that is a different story, and jail is likely.
2007-09-11 16:32:03 · answer #3 · answered by StephenWeinstein 7 · 0⤊ 0⤋
Down in the Dallas area last year it was going on. The police were going into bars and arresting people for public intoxication. They were even arresting people in hotel bars that had rooms in the hotels. It made the national news and caused such an uproar that the practice was discontinued---but their reasoning was, a bar is a public place and if a person is intoxicated, they get arrested.
2007-09-11 15:13:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Restaurant/bar private establishments. Yes you are in public and technically could be arrested if you were intoxicated. I am sure each state has different limits. If they wanted to arrest you they would, but having a beer isnt a crime. just don't drive drunk or do stupid things if u drink! common sense.
2007-09-11 16:01:20 · answer #5 · answered by heavensangel_0130 2 · 0⤊ 0⤋
As long as you are not visibly intoxicated or causing problems nobody will know or care. If 1 beer will cause this then I guess you shouldn't be drinking.
2007-09-11 15:33:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If a business has a liquor license, then it is up to that establishment to determine intoxication...in which case they can refuse to serve you if they deem you drunk. They don't generally turn you in...bad for business.
2007-09-11 15:41:15 · answer #7 · answered by Constitution 4 · 0⤊ 0⤋
yes...
2007-09-15 14:46:05 · answer #8 · answered by J.I.M.M.Y 2 · 0⤊ 0⤋