Alcohol & Drugs: MIP, MIC, Intoxication Public Intoxication

Hi guys! As some of you may be able to tell by my username, i'm in a bit of trouble. I reside in Houston, Texas (and am not a U.S national but have residency status). I was a few weeks ago arrested for public intoxication. I got very rowdy with the cops and I was quite abusive (verbally). While I was not drunk, per se, I had definitely had a bit to drink.

The incident occurred at a concert, where I got in a verbal altercation with a person, upon which I was dragged out of the building, acting beligerently towards the cops, and was arrested. While I understand, that this is the height of stupidity on my behalf, the cops were on multiple occasions patronizing me. I tried to explain to the cop that I was not drunk and didn't deserve to be arrested. I said that as you can tell I am a smart rational person, and in the heat of the moment I got carried away and landed myself in this situation (I had been sitting in the back of the car for about 20-30 minutes and was sobering up by now (almost fully sober but not 100%). Regardless, I again got enraged (I do admit I have a bit of anger problem) and was quite rude to the cops at that point. Regardless I was arrested and spent the night in jail.

My parents had to come bail me, and there is a court appointment scheduled for the 24th of this month. I am wondering what to expect, and whether I need an attorney. I have never been arrested before (just been pulled over for speeding). I am also quite surprised that I have to go to court. The reason I was told I was being arrested was because I was drunk (no blood test/breathalyser) and needed to sober up. I have already paid a 266$ fine.

Another qualm I have is that when my parents bailed me out I was not given the notice that I would be summoned to the courts. It was given to my parents and they told me about it a week after I was out of jail. While I am very thankful for my parents and the help they have provided me, I was a bit ticked to say the least that as a 22 year old I was not given that legal document personally. Am I not entitled to recieve all my legal documents? What if my parents forgot to tell me I had a court appointment? Would I be arrested for that? That to me seems ridiculous. Does this help my case somehow or is it not relevant?

As for my mental health, I have purchased much material on how to resolve some of my innate anger problems, and while it is not some sort of overnight recovery, I definitely think I have a better grasp of my situation.

So guys please help me out! Thanks for your time.

Edit: I was also pretty badily bruised up in the incident. I do have a photo of the biggest bruise that I got. I also asked the cop twice to losen my handcuffs as they were quite tight. The first time he loosened it a bit, but I started complaining again (I had broken my left wrist in a motor accident) and it was hurting a lot. He ignored me after that. I was having sever pains in my left wrist for almost 2 weeks after that. I even asked a doctor whether or not this is a problem. I have yet to get the xray done for it.

Just about everyone thinks their handcuffs are too tight. They aren't meant to be comfortable.

It is somewhat amusing how you describe your behavior but claim you were not intoxicated. You describe a situation in which it sounds like you absolutely should have been arrested. If you actually were not drunk then you should have still been arrested and charged with obstruction/delaying.

You don't have much of an argument to make here... not with what you are saying here anyway. Go to court and speak with the public defender. It isn't a serious offense.

I would definately fight it. Cops made a mistake in not giving you a breath test or anything. Hopefully, you didn't tell them you had anything to drink. . . even if you did. . . I'd still fight it.

Good Luck. If you can help it, you never want a criminal record. If this is your first offense, an attorney may help you get it so it'll be wiped off your record after a set amount of time, etc. . .

No breath test required for public intox. Observations alone are sufficient. Odds are they could smell it on him, and his aggressive behavior showed was unable to care for his own safety or the safety of others... it's an easy win for the cops.
Usually this sort of thing is settled without prosecution... just a night in the drunk tank to sober up and let go in the morning. He must have been particularly nasty if they decided to stick him with it.

We rarely get a chemical test for a public intoxication arrest. All that is required in most states is the evidence of alcohol consumption and disorderly conduct of whatever degree is sufficient to meet the standard in that state. Apparently you crossed that line in Texas.

You admit you were "sobering up" but not there ye, and you admit to causing a scene in public and fronting off the cops. This is pretty much the definition of the crime.

Consult a local attorney. You might get lucky and the prosecutor may decide the matter was resolved by your arrest. On the other hand, you might find yourself convicted.

So should I get a lawyer? Like I said this was a first time incident, and I have never in my life been involved with any trouble with the cops (or anyone for that matter).

The public defender should be sufficient for your needs regarding this. I wouldn't waste any money on a private attorney.

mightymoose said:

The public defender should be sufficient for your needs regarding this. I wouldn't waste any money on a private attorney.

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Oh ok. Thanks for the help. Hopefully everythings gonna be fine tomorrow...