Can you still be arrested for public drunkenness in PA if you get a public drunkenness citation?
The law surrounding a public drunkenness citation in Pennsylvania was clarified by an appeal heard by the Superior Court of Pennsylvania.The Court made it clear that police officers are not required to conduct any formal testing to support a conviction of a public drunkenness citation.
The charge of public drunkenness may seem to require proof of actual drunkenness for a conviction to stand, as this may come as a shock to many.This isn't what the law requires.All that is required for a public drunkenness citation is the opinion of the officer.
On November 2, 2013, William Henderson was arrested by police after being identified by a woman as an intoxicated person who had entered her car without her permission.In making the arrest of Mr. Henderson, the officer stated that he observed an odor of alcohol coming from his breath, his words were slurred, and he had difficulty maintaining his balance.Mr. Henderson admitted to having a few drinks, but denied being drunk.
On April 7, Mr. Henderson was convicted of public drunkenness and disorderly conduct.He was acquitted of disorderly conduct, but convicted of public drunkenness.
Mr. Henderson filed a second appeal in which he argued that the officer never gave him a Breathalyzer test, field sobriety test or horizontal gaze nystagmus test.
The Court made a direct decision on this matter.The Court wouldn't overturn his conviction simply because Mr. Henderson offered a different version of the events that led to his arrest.The credibility of the arresting officer was determined by the trial court and the Court is bound by that.The court stated that even though the officer did not administer any of the above-named tests, his testimony was sufficient to prove all elements of a public drunkenness charge.