If you were to get drunk in a country where the drinking limit is under 21, and went to the states and were still over the limit, could they arrest you for underage drinking even though you did not do the drinking in the states.
Two examples that respond to both points made...
the first a convistion in Arkansas for being intoxicated while a passenger in a car, the second in Texas where they are arresting intoxicated people in bars.
And both examples were not reversed at trial...
The laws vary greatly from state to state, with each state responsible for writing it's own laws.
The Morning News/Razorback Central
Posted May 4, 2005
FAYETTEVILLE -- Arkansas tight end Jared Hicks pleaded no contest and was fined $200 for his public intoxication arrest in West Fork last month.
Hicks, who initially pleaded innocent during a court appearance last week, was scheduled for trial in West Fork on Tuesday night. But both sides agreed to a settlement before the trial and Hicks was ordered to pay $100 in fines and $100 in court costs his attorney, Woody Bassett, said.
The public intoxication citation won't appear on Hicks' record.
Hicks was a passenger in a car pulled over for moving "erratically" in a West Fork park on April 19. The driver, Stephen Sprick, was arrested for driving under the influence. Hicks and another passenger were arrested for public intoxication.
March 23, 2006
The Texas Alcoholic Beverage Commission is enforcing the state's law against public intoxication in a novel venue: bars.
Reuters reported March 22 that undercover agents recently conducted a sting operation in 36 bars in a Dallas suburb and arrested 30 people on public-intoxication charges. A spokesperson for the commission said that the goal was to intercept drunks before they drive a car or undertake other dangerous actions, and noted that being in a bar does not protect people from prosecution under the public-intoxication law.
"We feel that the only way we're going to get at the drunk-driving problem and the problem of people hurting each other while drunk is by crackdowns like this," said spokesperson Carolyn Beck. "There are a lot of dangerous and stupid things people do when they're intoxicated, other than get behind the wheel of a car. People walk out into traffic and get run over, people jump off of balconies trying to reach a swimming pool and miss."
Depends what kind of drinking lol... anyways they could and couldn't because you didn't get drunk there and the law said underage drinking is a crime not being drunk. Although you CAN get arrested for DWI(driving while intoxicated) intoxicated=drunk.They probably will arrest you if it is against the law in that state to drink underage then start driving. You won't be able to get around pretty much .So you can be able to get arrested if you were drunk.
"Many courts are upholding arrests when the person is a drunk passenger in a car. The car is out in public...public intoxication"
I've ever heard such a thing and if that's the case, then frankly, it's ridiculous - so someone goes to a bar or a party and has a few too many. Then what? Are they expected to remain at the bar until they sober up? Don't think that'll hold up too well.
public intoxication charges are there to catch those that they don't catch in the act of drinking...
So yes, you can be arrested for just being drunk...even if they don't catch you drinking. And if you are talking about Mexico, many times the police wait on the American side of the border to catch just that.
You are still bound by the various intoxication laws, but they can not legally charge you with "underage drinking" unless they catch you in the act.
Of course, most cops are willing to lie and say they saw you drinking. Since your BAC will show that you were, you'll lose in court.
A conviction for public intoxication may stand where the defendant was a passenger in a car stopped by police on a public road.
Many courts are upholding arrests when the person is a drunk passenger in a car. The car is out in public...public intoxication
It's true that public intoxication is a crime, however, the question isn't defining whether they will be in public or not.
They can't be charged if they are in a private dwelling, or if they are a passenger in a vehicle.
"no... the law is for drinking, not being drunk..."
Although, they probably wouldn't let you past the border if they see you've been drinking...and especially not if you're driving.
no... the law is for drinking, not being drunk...