Legal Question in DUI Law in Virginia

Re: Drunk in Public with No Proof

More information would be needed in order to

make a credible determination as to whether this particular officer had what the law calls probable cause (or reasonable suspicion) to place you under arrest under the circumstance which you've described.

My understanding is that one can no longer be sentenced to jail for a so called DIP (Drunk in Public) charge but, of course, as your situation illustrates, arrest on such a charge is till very

much an option for law enforcement authorities.

You give no indication as to how your case was disposed of, i.e., whether you were required to pay a fine, or whether you were later simply released without being formally charged with anything nor having to pay a fine. The answer to this question would very likely have a bearing on the answer to your last question.

Re: Drunk in Public with No Proof

I should have added that to effect a valid arrest for a DIP charge, it is not necessary for the arresting officer to have performed either a BAC test nor a field sobriety test on the defendant and that she or he is entitled to rely on personal observations for such an arrest.