I was charged with a Public Intoxication charge this past week. I was sitting in my driver's seat of my car but the car was off and the keys were not in the ignition. I was taken to jail and bailed myself out the next morning. I thought the entire charge was a little weird because I was never given a breathalyzer test or even a field sobriety test. Will I be able to drop this charge because of lack of evidence that I was over the limit? Also, I was wondering if they police have the right to upgrade my offense to a OWI. Thank you.
1 Answer from Attorneys
A showing of .08 on a breathalyzer is not a requirement for a PI conviction. Yes, the state could still file an OWI charge even if they did not do so initially. Talk to an attorney in your community about the likelihood of that
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