Alcohol & Drugs: MIP, MIC, Intoxication public intoxication

[annamay300]

can you charge someone with p.i. if you did not give them a test to even know if they was drunk or not? how serious is a p.i. charge?

 

[charlesesq]

can you charge someone with p.i. if you did not give them a test to even know if they was drunk or not? how serious is a p.i. charge?

We don't know what state you are in and also what the charge actually is. The statute itself will set the exact requirements for committing the crime. The officer is likely to be able to use his sense of sight and smell to determine if someone is intoxicated. If you refused to allow the officer to give you a sobriety test I believe that may also be raised in court.