Can You Be Charged with Public Intoxication Without a Test?

Many people assume that public intoxication charges require a breathalyzer or blood test, but that is not the case in Tennessee. Law enforcement officers have broad discretion to make arrests based solely on their observations, meaning individuals can face charges even without scientific proof of intoxication. These charges can have lasting consequences, making understanding your legal rights and defense options essential.

Can You Be Arrested Without a Test?

Yes, public intoxication charges do not require a chemical test. Tennessee Code Annotated § 39-17-310 states that a person can be charged if they are in a public place under the influence of alcohol or drugs and:

• Present a danger to themselves or others
• Cause a disturbance
• Pose a risk to property

Officers can rely on subjective observations alone because the law does not set a specific BAC requirement. This creates a risk of wrongful arrests, especially when there is no tangible evidence of intoxication.

How Law Enforcement Determines Intoxication

When no chemical test is used, officers assess impairment based on external factors such as slurred speech, unsteady movements, bloodshot eyes, or the smell of alcohol. They may also consider behavior, such as aggression or confusion, as indicators of intoxication. However, these signs are not always caused by alcohol or drug use. Fatigue, medical conditions, or even anxiety can produce similar symptoms.

At the Law Office of Bryan Stephenson, we have successfully defended clients against public intoxication charges by challenging these subjective assessments. Our Nashville domestic violence lawyer can present alternative explanations and dispute the officer’s observations, working to reduce or dismiss the charges.

The “DUI-Vehicle Owner” Charge in Tennessee

Public intoxication may be the least of your worries if you enter your vehicle while intoxicated. Many people are unaware that Tennessee law allows for “DUI-vehicle owner” charges, meaning you can be charged with a DUI even if you were not driving. If an individual is found intoxicated inside a vehicle and can operate it—such as being in the driver’s seat with the keys nearby—they may face DUI-related charges.

Law enforcement often relies on circumstantial evidence to justify these arrests, leaving room for an experienced attorney to challenge the charge by arguing that mere presence in a vehicle doesn’t indicate an intent to drive. Still, if you’re intoxicated in public, the best practice is to stay out of your car until you’re sober or have a designated driver.

Defending Against Public Intoxication Charges

Several legal strategies can be used to challenge a public intoxication charge. One common defense is lack of probable cause, as law enforcement must have a legitimate reason for making an arrest. The charges may not hold up in court if there is no clear evidence of intoxication.

Another defense involves alternative explanations for behavior that may have been mistaken for intoxication. Medical conditions, prescription medications, or even stress can cause symptoms similar to impairment.

Additionally, if law enforcement violated procedures or lacked justification, the arrest may be considered unlawful, leading to a possible dismissal of charges. A Nashville DUI lawyer can assess the circumstances of your case and determine the best approach to protect your rights. Visit our criminal defense practice area to learn more about available defense strategies.

Consequences of a Public Intoxication Conviction

A conviction for public intoxication in Tennessee is classified as a Class C misdemeanor, which may seem minor but can have lasting consequences. Individuals found guilty can face a fine of up to $50 and a jail sentence of up to 30 days. However, the most significant impact is often a criminal record, which can affect employment opportunities, housing applications, and professional licensing. Many employers and landlords conduct background checks; even a misdemeanor conviction can create obstacles. With the proper legal defense, a DUI lawyer in Nashville, TN, can work to reduce or dismiss the charges, helping to prevent the long-term consequences of a criminal record.

Steps to Take if You Are Stopped for Public Intoxication

If law enforcement approaches you under suspicion of public intoxication, taking the proper steps can protect your rights:

• Remain calm – Arguing with an officer can escalate the situation.
  
• Do not admit to drinking – Anything you say can be used against you in court.
  
• Ask if you are free to leave – If the officer does not have probable cause, you do not have to stay.
  
• Request legal representation – A Tennessee domestic violence lawyer can review your case and protect your rights.

Legal Representation for Public Intoxication and DUI Cases

Public intoxication and DUI charges should not be taken lightly. The Law Office of Bryan Stephenson has successfully defended clients throughout Nashville and Middle Tennessee, helping them avoid the lasting consequences of a conviction. Our past case successes are documented on our results page.

Do not let a criminal charge define your future. Contact us today for a consultation.