Drunk in public...inside a bar...

[8616v]

I was reading a couple news articles about some smaller town in northern texas where the local police were going into bars and arresting people for public drunkeness...in an effort to curb DUI's...I guess(from the story). My question is how does that work, especially with most bars(at least the ones in dry counties) being private establishments? What would be the legal gound to do something like that, it just doesn't make any sence to me. Plus it would really suck to tell that story to the wife or something when she bails you out...

Wife: What you doing raising hell out on the streets.
Hungover Husband: I wasn't, i was in the bar when i got arrested
Wife: Bullshit...you were out chasing whores...

 

[Iceman II]

The bottom line is, Thou shalt NOT be drunk in public to the degree that you MAY endanger yourself or another. No breath tests needed for a P.I. Also, bars cannot serve intoxicated persons or they will/can have their license revoked. In dry counties there better not be any alcoholic beverages unless you are passing through (unopened) or taking it home with you, and yes there is a limit. Bar checks can be made any time.

 

[8616v]

But with the bars in dry counties(this is based on personal experiance with Hunt County, west of dallas/fortworth)...the bars are "Private Clubs" that have some sort of member ship requirement...so how/why do you say there had better not be any alcoholic beverages?


But basically what youre saying is even inside a bar is "Drunk in Public" I guess I had always assumed you were "safe" inside some/any sort of bussiness establishment, so long as you aren't causeing trouble, but then that would be more of a disorderly conduct etc... kinda thing...i guess P.I.(public intox? :shurg: )could get lumped into any charges in that case...

I know a bartender is responsible to not serve anyone who is "noticably intoxicated" I always thought that was more of a "when they are a danger to themselves" sort of rule and what i got from the story was that the police were going into bars and just arresting people that were, well...drunk...cause thats what you do in a bar, get drunk...

I don't know, I guess it just seems kinda shitty to me...but there could be more to the story than the media lets on...wouldn't be the first time...

 

[mswaim]

In Fresno, CA plainclothed officers are approaching patrons outside bars who appear intoxicated and offering them rides home, or to help them call for a ride. If they refuse or go ahead and try and drive away they are arrested for either attempted DUI or for DUI if they actually move the car any real distance. They have also stepped up their DUI checkpoints and bar checks looking for intoxicated patrons who the bartenders are still serving.

 

[FBMphil]

A bit off topic, but is it possible to be charged with a DUI if you say, get drunk, and pass out or sleep in your vehicle, with your keys in your possession? I'm guessing it's a yes, since you're capable of operating the vehicle, but I'm curious as to what the LEOs have to say...

 

[mswaim]

Not here, however if the engine is running and you are found behind the wheel asleep you will.

 

[Iceman II]

A bit off topic, but is it possible to be charged with a DUI if you say, get drunk, and pass out or sleep in your vehicle, with your keys in your possession? I'm guessing it's a yes, since you're capable of operating the vehicle, but I'm curious as to what the LEOs have to say...

To be charged with DUI (DWI) you have to be operating a motor vehicle. Operating is having the motor on, some courts say gear must be out of park. A motor vehicle is self propelled, so technically one could be arrested for riding on a lawn mower, golf cart etc. If one is sleeping in their car in a public place they could be arrested for Public Intoxication.

 

[Iceman II]

But with the bars in dry counties(this is based on personal experiance with Hunt County, west of dallas/fortworth)...the bars are "Private Clubs" that have some sort of member ship requirement...so how/why do you say there had better not be any alcoholic beverages?


But basically what youre saying is even inside a bar is "Drunk in Public" I guess I had always assumed you were "safe" inside some/any sort of bussiness establishment, so long as you aren't causeing trouble, but then that would be more of a disorderly conduct etc... kinda thing...i guess P.I.(public intox? :shurg: )could get lumped into any charges in that case...

I know a bartender is responsible to not serve anyone who is "noticably intoxicated" I always thought that was more of a "when they are a danger to themselves" sort of rule and what i got from the story was that the police were going into bars and just arresting people that were, well...drunk...cause thats what you do in a bar, get drunk...

I don't know, I guess it just seems kinda shitty to me...but there could be more to the story than the media lets on...wouldn't be the first time...

Private Clubs, in dry counties are legal and are subject to the same regulations as a wet county bar. Private Clubs are considered a Public Places! You are not safe in these bars for the purpose of Public Intox. or any other charge. Now, a person passing through or going home in a dry county can have a personal use amount of alcohol. In a dry county a person can have 288 ounces of beer (case). If liquor then one quart. If a person has more than this, they would be in violation and could be charged with intent to sell.

 

[Cochese]

Iceman's information is all correct.

To clarify, bars are on private property but are considered public places since there is reasonable access from the public..

 

[04svtdriver]

A bit off topic, but is it possible to be charged with a DUI if you say, get drunk, and pass out or sleep in your vehicle, with your keys in your possession? I'm guessing it's a yes, since you're capable of operating the vehicle, but I'm curious as to what the LEOs have to say...

YES IT IS!!!! My friend got one that way. He attempted to do the ... well as right of a thing as he could... But anyways he rolled his windows down a little and folded the seats forward. His keys were on his floor in the front and he was sleeping in the backseats / trunk. he put his feet in the trunk and slept on the folded forward part. Anyways they charged him for a DUI/Intent to drive.

 

[rust0r]

YES IT IS!!!! My friend got one that way. He attempted to do the ... well as right of a thing as he could... But anyways he rolled his windows down a little and folded the seats forward. His keys were on his floor in the front and he was sleeping in the backseats / trunk. he put his feet in the trunk and slept on the folded forward part. Anyways they charged him for a DUI/Intent to drive.

that is the dumbest thing ive ever heard (well not that he was doing the right thing, that he got a ticket for it), ive heard you could receive a ticket for being drunk inside your vehicle if your keys were in the car somewhere, but i never thought any officer would actually be such a hard ass as to charge someone with such a serious crime, who is obviously "calling it a night" in his car instead of driving, put him in the drunk tank, suspend his license for 12 or 24 hours, but DUI for obviously trying to do the right thing? nice...

 

[FordRacing200]

YES IT IS!!!! My friend got one that way. He attempted to do the ... well as right of a thing as he could... But anyways he rolled his windows down a little and folded the seats forward. His keys were on his floor in the front and he was sleeping in the backseats / trunk. he put his feet in the trunk and slept on the folded forward part. Anyways they charged him for a DUI/Intent to drive.

seems to me that if he were to tell the court he was sleeping in his vehicle because he did not want to drive home in a drunken state and endanger others, so he decided to respectably and safely sleep in his car and then drive home once the effects of the alcoholic beverage has worn off that he'd be exempt from the ticket, am i right?

 

[jshen]

Exactly

Iceman's information is all correct.

To clarify, bars are on private property but are considered public places since there is reasonable access from the public..

However, in GA, one has to manifest the drunken condition by some disorderly conduct..

 

[Lawfficer]

With 15,000 killed every year in DUI related accidents, and another 500,000 injuried I really don't see the problem in this. The only time I would protest this is if the officer is in the bar buying someone shots and intentionally trying to get them plowed.

 

[Cochese]

However, in GA, one has to manifest the drunken condition by some disorderly conduct..

Gotcha, I was speaking for Texas.

Essentially, there is a similar requirement here, but it's worded as posing a danger to themselves or others.

 

[8616v]

Private Clubs, in dry counties are legal and are subject to the same regulations as a wet county bar. Private Clubs are considered a Public Places! You are not safe in these bars for the purpose of Public Intox. or any other charge. Now, a person passing through or going home in a dry county can have a personal use amount of alcohol. In a dry county a person can have 288 ounces of beer (case). If liquor then one quart. If a person has more than this, they would be in violation and could be charged with intent to sell.

Ahh...I guess there are parts of that whole dry county/wet county thing i didn't know about. I don't live there i just pass through about once a year on bussiness. I didn't realize there was a limit to the amount of alcohol you could have in your possesion. I guess i'll have to remember that next time i "stock up" on my way into the county...

 

[FordSVTFan]

With 15,000 killed every year in DUI related accidents, and another 500,000 injuried I really don't see the problem in this. The only time I would protest this is if the officer is in the bar buying someone shots and intentionally trying to get them plowed.

Now that is entrapment. :bowdown:

 

[8616v]

With 15,000 killed every year in DUI related accidents, and another 500,000 injuried I really don't see the problem in this. The only time I would protest this is if the officer is in the bar buying someone shots and intentionally trying to get them plowed.

If someone were to go though the effort of going into a bar to give out PI tickets why not just sit in the parking lot in an unmarked vehicle and pull people over as they leave that way you prevent the DUI's and leave the people who are just out having a good time and have absolutly no intention of DUI alone...of course i realize that there would have to be some sort of probable cause, other than being at a bar i assume...

 

[ford_racer]

A bit off topic, but is it possible to be charged with a DUI if you say, get drunk, and pass out or sleep in your vehicle, with your keys in your possession? I'm guessing it's a yes, since you're capable of operating the vehicle, but I'm curious as to what the LEOs have to say...

Here in Montana it is. A police officer I was talking to told a story of giving a guy a DUI when he was asleep in his car, simply because he had the ability to wake up and drive off (drunk that is).

 

[Lawfficer]

If someone were to go though the effort of going into a bar to give out PI tickets why not just sit in the parking lot in an unmarked vehicle and pull people over as they leave that way you prevent the DUI's and leave the people who are just out having a good time and have absolutly no intention of DUI alone...of course i realize that there would have to be some sort of probable cause, other than being at a bar i assume...

There are not enough officers in the world. I bet, if you took every on-duty officer and put one in each bar, you would still have a ton of bars with no officers in it. It all comes down to people being responsible when they drink. A DUI is a hell of a lot stiffer as far as punishment goes than just a Public Intox ticket. And when you think about it, they are going to do it either way. It's not they are driving because they know the officer is there or not...

However, I do agree with it would be great to stop it before it gets that far and can endanger somone.... but like I said.... Just not enough officers in the world.