If you are drunk in your house (BAC .08) you can be arrested

[Taverner]

This is not just in some podunk counties where the Church rules the town, this is pretty much every city in America. Sometimes it's enforced, sometimes not.

"Drunk in Public" is a crime in pretty much all American cities. I know for a fact, Las Vegas is one of those cities. Again, not always enforced.

"Serving a Drunk," (serving a patron a drink when their BAC is .08) is illegal in most cities as well. This is used as justification for police to shut down bars they don't like. Quite recently in Houston, this was used to shut down a few gay bars and lock up all of the patrons.

So if you think prohibition is over, think again.

This is called "Prohibition by Proxy"

And yet some here think we need stricter laws governing alcohol.

[DrDan]

1. how can being "drunk in your house" be considered being "drunk in public"?

[Taverner]

4. If they can see or hear you from outside, they can charge you

And in some places (Monmouth, OR) they will

[EOTE]

8. Do you have a cite for this? NT

[TroglodyteScholar]

72. Happened to me personally in Warner Robins, GA, in 2008

Cops came knocking on my door and arrested me because I was drunk. Not even remotely aggressive or abusive...just drunk. Total bullshit, and cost me like $300.

[EOTE]

82. I'm sorry, I'm still going to need to see an actual law here.

I'm of the opinion that the bulk of cops are pretty shitty, but I still know that people can be rather confused as to what they're actually arrested for.

[TroglodyteScholar]

93. You're saying you think I don't know what I spend the night in jail for?

And somehow I just misunderstood the judge? It's called DRUNK IN PUBLIC, and you don't have to be in public. Those are the facts. If you want any more detail, look it up for yourself. But don't tell me I'm confused about my charge.

[EOTE]

94. Yes, I will need a cite that says you don't need to be in public to be drunk in public.

I've seen multiple anecdotes suggesting that people have been arrested in their own homes for being drunk, but no one has shown me a law which says that's the case.

[TroglodyteScholar]

95. What does the law have to do with anything?

The cops say "drunk in public," you go to court and pay a fine, and it's over. I don't think the nation's best legal minds are particularly concerned with it.

[muriel_volestrangler]

11. Did it happen to you, someone you know, or is there a story?

Does 'hear' mean 'hear making enough noise to be a public nuisance', or just if there is anything audible outside the property?

[Taverner]

14. See Post #13

[elocs]

16. "Some places" as opposed to "this is pretty much every city in America"?

Kind of a difference between those 2 statements.

[MannyGoldstein]

19. NY had a law like this once - it lasted about two months, and I got popped

I was drinking a beer where I could be seen from a public place. Had to appear in court and pay $25.

They had passed it to give cops a tool to hassle young adults. Law was quickly tossed by the courts first time it was challenged.

[Spike89]

73. Well, Monmouth is famous as the last dry town in Oregon

It wasn't until 2002 that they made it legal to buy or sell alcohol in the town (and only because the last grocery store in town closed). It isn't a great example because it is a pretty fundy town that is quite proud of its roots and weird anti-booze status.

[fredamae]

5. My concern is; How do "they" Know?

[Taverner]

17. Neighbors hearing noises

One thing leads to another...

[idiotgardener]

2. Nothing in your post says how being in your house can be "drunk in public"

However, a former neighbor was once given a ride home by a policeman. He had been in his girlfriend's car. He was drunk, she was not. She was driving, but the car wouldn't start. The policeman gave them a ride home. When the guy stepped out of the car onto his yard, the cop arrested him for public drunkenness.

[Rebubula]

63. bullshit

3rd party stories need citations.

This one sounds VERY fishy. Why would the cop not arrest the guy BEFORE he got into the car?

Either this story is bullshit or there are some VERY serious details left out.

[idiotgardener]

78. OOOOOOoookay.

Whatever you say.

[LiberalLoner]

3. Wait a minute, I have heard of laws against serving drunk patrons and

also laws against public intoxication (mostly used against drunks who are starting fights or otherwise disturbing the peace) but where are they arresting people who drink in their own houses? Do you have a link to a story? Because this is something very new to me.

[Taverner]

10. If they can see or hear you - say loud noises, they can write you up for drunk in public

in your own house.

I do not have a link, but I remember this was common practice in Monmouth, OR. I've also heard SLC is another town where they practice PBP

[FLPanhandle]

12. You can get a "disturbing the peace" citation.

However, unless you step outside your house, you can't be a "drunk in public" citation as far as I know.

[Taverner]

13. Simple - and I've seen this before

Granted, it was 1992 - maybe things have changed

Outskirts of Corvallis, OR. Friend has party at house in the woods. Everyone drinking is over 21. Everyone is loud. Everyone is inside.

Cops called because of noise complaint. Everyone is asked to show ID. Afterwards, cop cites EVERYONE with drunk in public. At no time was anyone outside the home.

Tried to challenge in court, was unsuccessful.

End of story.

[ergot]

20. So this is a third-hand story you're telling here?

I think someone was lying to you.

[EOTE]

24. You need a citation for this.

You can't simply say that you saw it happen this one time and expect everyone to take your word for it. If it's a law, it should be on the books. Show us ANYTHING that says you can be arrested for being drunk in public if you're inside your house. Your anecdote does not a law make.

End of story.

[Codeine]

56. Not credible. nt

[SDuderstadt]

85. Swing and a miss...

it's becoming apparent that the OP does not have a credible source for this claim.

[EOTE]

6. Can you explain how you can be arrested for being in your house drunk?

Seems to me to be a clear 4th amendment violation. Has this ever happened even once?

What on earth does this have to do with drunk driving? Drunk driving KILLS, period. Drink all you want, but when you put others' lives in danger, you've crossed the line. I have no problem with stricter laws against drunk driving. Drunks need to start thinking about people other than themselves.

[LiberalLoner]

9. I agree. And I'm from Montana, the state with the motto of "Speed Limits don't matter

if you're driving drunk anyway."

[Taverner]

15. Do you think .08 is drunk?

I don't

Again, yeah if you're schnockered and you're driving its dangerous

.08, however, is NOT drunk


I don't give a rats ass about some test designed to make the subject fail

[EOTE]

23. What on earth are you talking about?

.08 seems like a reasonable limit to me for driving. It's not like this is open for debate, the more you drink, the more dangerous you are behind the wheel. Now once again, where if the proof for your assertion that you can be arrested for being drunk inside your house?

[pintobean]

25. I don't give a rats ass what you think is drunk.

If you're driving with a BAC of .08 or above, I want you arrested and your license pulled.

[Spike89]

74. For some people, .08 is impaired, for others, nope

It isn't a surprise to anyone that heavy drinkers build a tolerance is it? Alcohol isn't that different from many other drugs in that regard. The thing is, .08 is arbitrary, but that is going to be true of anywhere you set the limit--some people will be impaired before hitting it, others will be "fine" past the limit.
I had a roommate in college that could drink a full fifth of 80 proof whiskey and be less drunk than me after 2-3 beers--despite the fact that I had maybe 50 pounds on him. My level was probably not close to .08, his probably near .15. His level would have hospitalized me, mine would have been "sober" to him.

Do you have evidence that .08 isn't a fair standard for the general public?

[Taverner]

92. Look at statistics with x as the BAC, y as the accident rate and z as the speed driven

You will see a slowly climbing 3D line, and about the time you hit 1.0 it gets much more deadly at any speed

[Taverner]

30. Big fan of W H Anderson are ya?

[EOTE]

43. Big fan of changing the subject, are ya?

That really helps when you can't make an argument worth a damn.

[itsrobert]

7. Please post sources when making your claim

thanks

[no_hypocrisy]

18. I don't see the public policy in such a law, so I respectfully don't believe your premise.

DWI or DUI is on the books because its policy is to protect the public from someone lacking the capability and capacity to safely maneuver a motor vehicle. If you're drunk at home, the public has not need to be protected until you leave that home and get in a car to drive home. Taking your premise one step further, if you can't be drunk in your home, then you can't be drunk in a bar or a restaurant.

Of course, please show me a statute or a court case that demonstrates what you claim if you have it. Thanks.

[damntexdem]

21. There do need to be stricter rules governing alcohol -- and driving.

And flying, boating, and generally operating heavy machinery.

[ChoppinBroccoli]

22. It's Not The Drunkenness They're Charging; It's The Behavior

Any type of behavior you display in your own home that would get you arrested would get you arrested whether you were drunk or not. The alcohol has nothing to do with it. In most States, it's called "Disorderly Conduct," and it's a very low-level offense. Never in my life have I heard of a person who was arrested on a charge of public drunkenness who then tried to challenge the case on the grounds that he/she wasn't actually drunk. Why not? Because even if you weren't drunk, your behavior was disorderly. So it has nothing to do with the alcohol and everything to do with your behavior.

[Warren Stupidity]

27. uh no "public intoxication" is a crime in many states

http://en.wikipedia.org/wiki/Public_intoxication

however the OP's assertion that one can be arrested for public intoxication in one's home really needs some valid evidence to back up an extraordinary claim.

[richmwill]

26. I see nothing about "drunk in your house", alarmist.

Your post is false, in my view. I'm sorry that you're mad about drunk driving laws, but they're here for a good reason.

[EOTE]

28. Care to make any retractions?

Now that it's quite clear that second hand stories that you've heard do not constitute actual law?

[Taverner]

29. How about first hand witnesses

And the answer to that is no

I see a lot of Wanna-be Carrie Nations in the crowd here

[LanternWaste]

31. Conflating Carrie Nation with individuals opposed to drunk driving

Conflating Carrie Nation with individuals opposed to drunk driving is quite the dramatic rationale.

If nothing else, "A+" for a wonderfully imaginative stretch...

[EOTE]

Seriously.

Apparently, if we don't think that people should be able to do whatever the hell they want without facing any repercussions, we're advocating a nanny state. I'm guessing the poster would be far happier in Somalia without any of those pesky government rules and regulations.

[Taverner]

36. So you think cops should be able to close a bar for serving people who are drunk?*

* Drunk being the legal definition: .08 BAC

[EOTE]

39. Show me where I said that.

You can't, because I never did. It's rather sad when someone's logic is so poor they need to make up issues out of whole cloth.

[Taverner]

42. You're the one who took offense to my OP

Granted, I do not have evidence other than experience for getting a DIP at home

That's the one thing you've been correct on - but it's like the Creationist rebuttal to Evolution "You weren't there - so you have no proof! See Science is wrong!!"

But it happens. It has happened, and it will happen again

Anytime you give god-like powers to the police, shit like that happens

Just like how inmates "fall down the stairs" every so often

You can't tell me that doesn't happen

[EOTE]

45. Sure, and somehow, somewhere, a cop will arrest a man for walking the wrong way down a sidewalk.

That might mean the cop doesn't know what the fuck he's doing. Once again, you expect us to buy your ridiculous story as evidence while providing nothing in terms of actual evidence. It's just moronic shit stirring. If you were having an actual debate, you'd be laughed out of the room.

[Taverner]

33. Please show me where, exactly, I mention drinking and driving in my OP

Please? Pretty please?

I think you probitionists in wait are making the imaginative stretch here...

Yeah, I think .08 is too low, but that was never my original point, and it's not the issue.

The issue is that alcohol has been the catch-all for cops to arrest anyone they want, "for moping" as my dad used to call it (He was a cop and a big fan of Popeye Doyle - another stupid holy war that was waged)

[EOTE]

32. I see someone who is completely incapable of making a logical point.

Yeah, that's right. Because people here don't want to see more people murdered by drunk drivers, that means they support prohibition. Brilliant argument there.

And I don't believe your first hand witness account one bit. You either don't understand what happened, or you made it up. But that sometimes happens with people who hit the sauce too hard.

Once again, there is no law which states that a person can be arrested for being drunk in their own house. NONE.

[Taverner]

34. Please show me where, in my OP, that I mention drinking and driving

Can't find it? Wanna know why?

BECAUSE ITS NOT FUCKING THERE!

[EOTE]

38. You mention it many times within this very post.

You only allude to it in your OP when you say: "And yet some here think we need stricter laws governing alcohol." That's obviously in response to recent posts regarding drunk driving. You say it numerous times within this post and now you want to pretend that's not what this is about. Hilarious.

[Name removed]

40. Deleted message

Message removed by moderator. Click here to review the message board rules.

[EOTE]

41. The hell I do. Man, you can't even keep up with your own lies now.

"Do you think .08 is drunk?

I don't"

It's a little early to be wasted, isn't it?

[Taverner]

44. Ah nice, "are you on drugs?" "are you wasted?"

Obviously your superior debate skills leave me in awe

Why not call me a dirty hippie? That always scores points with you micromanagers

[EOTE]

48. Typically one uses quotes for something someone actually said.

But I'm not terribly surprised you didn't know that.

I'm all about drugs, I use them frequently. I try not to during the day though. And I stopped drinking to excess in my college days. I'm a much bigger fan of bud now.

I've found that not getting drunk every day allows me to make actual cogent arguments.

On edit: Once again...


"Do you think .08 is drunk?

I don't"

[Taverner]

49. Thing is I haven't had a drink since last night

And given what I have to do today, I probably won't have another until Sunday

IN answer to your question, no what you said was actually worse

[EOTE]

51. So your argument is over?

Can't decide whether this is about drunk driving or not? Every single one of your asinine arguments has been shot down. It's laughable, actually.

[Taverner]

53. Hell no

But discussing it with you is

Have a good one

[Rebubula]

68. wow...

...again...just wow.

So we call bullshit on your unsupported story and we are a bunch of teetotalers?

I guess if you cannot make an argument, you resort to name calling.

[Bake]

35. "I was drunk in a bar ... they THREW me in PUBLIC ..."

To quote Ron White.

:rofl:

Bake

[Lucian]

37. I can't take you seriously if you don't have any proof of this.

[provis99]

46. If you are drunk in bar, you can be arrested.

http://forums.audioholics.com/forums/archive/index.php/t-20951.html

I have heard of people drunk their lawns in Bloomington,Indiana,also being arrested, but usually the cops in Indiana try to lure people out of their house,so they can arrest them on the sidewalk for public drunkenness.

[Taverner]

50. THIS is more or less what I'm talking about

But hey, the policeman is always our friend, mmmmkay?

[EOTE]

52. If that's what you were talking about, why the hell didn't you say it?

Instead of making all these bullshit assertions about being arrested in your own house for being drunk and saying that the legal BAC for driving needs to be raised. Intelligent people try to make their arguments using words, not emotions. It's very difficult for us to see what you're feeling over the internet. Use your words next time.

On edit: I see you mention that there are currently laws regarding this in the books, but you're talking about ADDITIONAL laws. What additional laws could you possibly be referring to?

[Taverner]

54. Read. The. O. P.

[EOTE]

55. I did. What "stricter" laws are you referring to?

These are laws already on the books. The only "stricter" laws anyone has been talking about has been regarding drunk driving.

[Warren Stupidity]

66. The OP that starts with this claim?

"If you are drunk in your house (BAC .08) you can be arrested"

That OP?

Seriously?

[DefenseLawyer]

47. Not in Indiana

Public Intoxication cannot occur inside your residence or any other private place not readily open to the public. I'd be interested to see the statutes you are referring to from other states.

[Cerridwen]

57. Not in Las Vegas nor in the state of Nevada.

Nevada Revised Statutes

NRS 458.260 Intoxication not public offense; exceptions.

1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

(b) Elements of an offense giving rise to a criminal penalty or civil sanction.

2. The provisions of subsection 1 do not apply to:

(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

3. This section does not make intoxication an excuse or defense for any criminal act.

(Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169)

link

A criminal attorney says:

Nevada public intoxication laws do not make it a crime to be drunk in public. However, public intoxication often leads to other crimes or can serve as an element to other crimes. Three common crimes that result from Nevada public intoxication laws include trespass, disturbing the peace, and DUI.

People who are drunk in public are often cited for disturbing the peace in Nevada, which is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Intoxicated people who refuse to leave private venues (such as casinos and bars) after having been asked to by management can be cited for trespass, which is also a misdemeanor and carries the same penalties as disturbing the peace. One of the most serious crimes stemming from Nevada public intoxication laws is DUI: Being arrested for driving under the influence of alcohol carries hefty fines, DUI School, a victim impact panel, a suspended license and a jail sentence of up to six months.

{Note: the article linked in the article quoted above, focuses on casinos and bars} link

From article linked in above quoted article:

Disturbing the peace (NRS 203.010)

If for example someone is intoxicated in a Las Vegas casino and is consequently acting in a rowdy or disruptive manner, an officer may arrest him/her for the misdemeanor crime of disturbing the peace in Nevada. The penalties include up to six months in jail and/or up to $1,000 in fines.

Trespass (NRS 207.200)

If for example a Las Vegas casino security guard asks an intoxicated patron to leave the premises because they’re being too disruptive and the patron refuses, an officer may then arrest him/her for the misdemeanor crime of trespass in Nevada. Similar to disturbing the peace, the punishment for trespass carries up to six months in jail and/or up to $1,000 in fines.

Nevada DUI Penalties (NRS 484C.110)

Driving drunk is charged as a felony if someone gets seriously hurt or killed or if the accused already has two prior DUI convictions in the last seven years. Otherwise it’s charged as a misdemeanor.

Nevada DUI penalties can be very harsh. The standard sentence for misdemeanor DUI in Las Vegas includes fines, community service, a victim impact panel, and DUI school, whereas a felony DUI carries mandatory prison time.

{again, notice focus on casinos} link

Wiki's list of "public intoxication" laws by state as a starting point:

http://en.wikipedia.org/wiki/List_of_alcohol_laws_of_the_United_States_by_state#cite_note-33

[Taverner]

77. Thanks - corrects me on a bunch of things eom

[Codeine]

58. Your house is not public.

Show me a case of somebody being arrested for being drunk in their home.

[Never Stop Dancin]

59. You should be able

to drive a car at .08

[Codeine]

60. That has nothing at all to do with my post, but no, no you should not.

Just stop drinking and driving. Apologists for that sort of behavior disgust me.

[Rebubula]

62. Yes...

..you should. But many people cannot.

There has to be a cutoff limit and I am fine with .08.


I support a person's right to get shit faced drunk in his own house or in a rowdy place with a designated driver.

I also STRONGLY support DUI laws and support much stronger punishments for breaking this law.

[Rebubula]

61. Wow...

...what a ridiculous post.

You can be arrested in your house for many reasons. As for being drunk - unless someone complains about loud noise - no cop is ever going to just come into your house and arrest you - IN FACT - according to your personal account NO ONE was arrested, just cited.

Drunk in public is a safety nuisance. Drunks can be aggressive and have lack of balance - getting into fights or falling on top of grandma or little Billy. There needs to be a law about this.


Being polite to cops in situations such as this go a long freaking way to not getting arrested. If you are not being an asshole, the cop will go about his business.

I unrec this post for sooooo many reasons. The least of which is the random post with no real punchline.

[Whisp]

64. stricter laws for drunk drivers

that's all I care about.

oh, and don't puke on my shoes, that too I care about.

:D

[EOTE]

65. +1

I think if anything, this post demonstrates the need for stricter drunk driving laws.

[John_Adams]

67. You can blame MADD for that.

[Rebubula]

69. That is the dumbest post of the thread

...you can blame more than 100,000 dead on American roads due to alcohol since 1940 for that...MADD just started making people aware of the dangers.


Sheesh....

[John_Adams]

70. MADD pushed for lower blood/alcohol limits...

So low that you might not want to brush your teeth before driving.

[EOTE]

71. I assume you're referring to mouth wash?

And the laughable assertion that if you use mouthwash you could blow a .08? It probably hasn't occurred to you, but perhaps it's not a great idea having sloshed people get behind the wheel of a 2 ton vehicle. Just sayin'.

[Taverner]

76. Mouthwash won't, but beer hides the alcohol a little better than spirit eom

[EOTE]

81. Ummm, what?

If you're trying to make a point, you might want to try a little harder than that.

[Taverner]

91. If you are going to drink and drive

Drink beer and not spirit.

Also beer has a lot more water, which, other than time, is what will dry you up for a coming drive.

Drink 1 pint of beer, and immediately drink 1 pint of water

[Taverner]

75. Here we go again..

Once again, .08 is NOT drunk

.1, what it used to be, is something all of us can agree on

-------------------



Here's a game, let's start from scratch here

Let's each buy a home breathalyzer kit (I have one - they're cheap) and do this:

Drink 6 oz of wine or drink 1 12oz beer at 6-7% or take one shot of tequila.

Wait 5 minutes. Ask yourself, "theoretically could I drive safely right now?"

Check your BAC with the breathalyzer - chances are, from a legal standpoint you'd be wrong

What does this prove? you might ask...

This proves that .08 is *not* drunk.

[pintobean]

79. "What does this prove?"

An honest answer would result in a deleted message.

[Name removed]

80. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Odin2005]

83. MADD is a bunch of puritanical neo-prohibitionists.

[Odin2005]

84. K&R

[Fearless]

86. You can't be arrested in your house...

First they would need a warrant to enter your house. Second. The private residence is not public and no public drinking law applies in your house. This piece is bull shit.

[cali]

87. bullshit.

[lonestarnot]

88. If you're caus'n a drunk'n mess over @ yer place and disturbing the peace, I guess you could be.

[trof]

89. EXCEPT in New Orleans.

Public drinking and drunkenness in the quarter is acceptable by the fuzz as long as YOU DON'T PISS ON THE SIDEWALK!
That'll get you hauled in.
EXCEPT during Mardi Gras, when the crowd is so thick nobody can see you do it.
:-)

[Lisa0825]

90. You can lose your license for drinking at home too.... link

http://www.getmadd.com/DontDrinkatHome.htm

Fessing up to doctor costs drinker his license
By Patrick Kerkstra Inquirer Staff Writer

Like most people, Keith Emerich thought he could tell a doctor anything.

So the 44-year-old print-shop pressman answered honestly when asked during an office visit whether he drank alcohol. Yes, he said, six to 10 Budweisers a day.

That candor cost Emerich, of Lebanon, Pa., his driver's license.

In a strict reading of a Pennsylvania law that requires physicians to report patients with conditions that might "impair the ability to control and safely operate" a vehicle, the doctor notified the Pennsylvania Department of Transportation of Emerich's appetite for brew.

With nothing more to go on than two check marks on a one-page questionnaire, PennDot revoked Emerich's license indefinitely.