Drunks being arrested IN a bar for being drunk

Pydpiper

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Land of the free eh?

Soon they'll be waiting for you outside the liquor store, don't call your lawyer though, they can listen in on that too.
 

Empath

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I don't have a problem with it. Public drunkeness isn't legal in most places. In most places it's not even legal to sell liquor to someone that is demonstratably intoxicated. A bar may a legitimate place for drinking, particularly social drinking, but under what exemption from the law should they be defined as the proper place to get drunk? A bar in the lounge of a hotel might be qualified as a reasonable exemption, but an establishment detached from someone's intended area of "crashing" for the night wouldn't.
 

revolvergeek

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[Rant]San Antonio also has a law banning carry of ANY lockblade knife. I called the PD to confirm this before going over there on a trip and was told that I really didn't need to worry about it. Basically it seemed like it was a law that they liked to enforce when they wanted to arrest somebody. This sounds like the same thing.

I don't go to bars much, and when I do I NEVER get drunk, but If I lived in San Antonio I would do everything possible to vote ever public official out of office that I could. Quoted from the story "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,". Yeah, it is much cheaper and faster to send cops into bars to jam somebody up than to actually bother to set up roadblocks and sobriety checkpoints to catch them after they bother to break the law. Better to cut them off before they have a chance. Hey, why not just arrest the people when they buy a gun because they might get mad and shoot somebody with it? Or arrest them when they leave the grocery store with a 12 pack because that much beer would obviously cause them to get drunk at home and then they might beat their wife/husband/kid/dog. Pitiful. [/Rant]

Seems like if alcohol is that dangerous they should just let counties vote to be dry if they want to, or just declare prohibition again, or God forbide actually punish DUIs seriously. Putting somebody in jail for months on a second offense and in jail for years on a third would put a stop to some of that.

Hopefully Kinky Friedman will get elected this year and bring some irrational rationality back to Texas. :)
 
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Topper

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I would rather them not get behind the wheel and endanger themselves or others.
As for dry counties??? I live in a dry county but we got Private Clubs and lodges Elks Moose Eagles 501club the VFW one in the Holiday inn not sure what its called Plus at least 2 resturants with liquor license maybe 3. Hows that for dry? I guess anywhere in Jonesboro your only a couple minutes away from a "private club" we also have "Bootleggers" for those that don't want to drive to the County Line. What a joke its really kinda sad.
I have never stepped one foot into any of them by the way.
Topper :)
 

revolvergeek

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I am all for stopping drunk driving. I had one friend killed by a drunk driver and a couple others injured. I would love to see very VERY harsh penalties for it; at least a 6 month liscense suspension first offense, and jail time and impounding the vehicle for multiple offenses. It is insane that there are people here in Louisiana that get arrested for 5th and 6th offense DUI. Why aren't they in jail?

I wouldn't have any problem at all if the cops set in the parking lot and ran the breatholyzer on people leaving the bar trying to get into cars and drive off. I just think that it is a bad idea to start arresting people to stop them for something that they might do under the guise of enforcing another law, which is basically what the lady from the Alcohol Beverage board who is quoted in the article says they are doing.
 

paulr

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The way I heard it, some of those arrests were in hotel bars, where the drinkers expected to simply walk (if unsteadily) back to their hotel rooms and go to bed without even leaving the building. Driving was not an issue.
 

Pydpiper

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Good point, I would say because it's not news worthy.. They wouldn't get the recognition they so badly deserve..
cyberhobo said:
:popcorn: Why don't they arrest the drunks in the alleys and subway tunnels?
 
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bjn70

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A few things that bothered me about this-

What is the definition of "drunk"? If it is the same BAC as the definition of DWI then that is probably not right. It doesn't take much impairment to affect your driving, but finding your way up to your hotel room is not that difficult.

As I understand it, part of the rationale was "if you are drunk AND are dangerous". OK, so you can be drunk and not dangerous, but who makes the call as to whether you are dangerous or not, and is it your word against the officer's? So anyone he doesn't like is suddenly "dangerous"?
 

gadget_lover

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In my mind, being drunk in public is just that... Public.

When you are in a private establishment that leagally caters to drinking there is an expectation that there may be drunks there, so you can't claim that it might offend someone. Busting someone for doing a legal activity in a privately owned and licensed facility is just wrong.

I think the drinking laws are really wierd. Given that your judgement is impaired by drinking, and given that your judgement gets worse as you drink more, it should be expected that most folks stand a good chance of overdoing it. It's like busting folks at the ball game for violating noise ordinances when they yell for an hour. It's like busting folks for lewd public behavior when they change into their swimming suits at the YMCA.

OTOH, it hurts my heart to see reports that a person with multiple DUI convictions has killed someone with a car. To my way of thinking, that's a forseeable outcome so the person should be prosecuted for murder. It's not impossible to ensure you won't drive before going to the bar. It is preventable.

I speak from experience. Twice in my life I've awakened only to be mortified by the fact that I drove home drunk the night before. Only extreme luck and empty streets kept it from being a disaster. I no longer have more than one drink when I'm going to drive, and not even that unless I have an hour or two to recover. After one drink I can still say no to the second. After that there is no telling.


Daniel
 

Jumpmaster

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Friggin' MORE COWBELL!!!
The last time I looked into the law in Texas, one may be issued a PI without having submitted to any breathalyzer test. The police may issue it based on behavior alone...no alcohol need have been consumed as it covers "any other substance"...I will see if I can look it up again to verify.

Edit: Just looked it up...still the same...(emphasis mine)

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

§ 49.01. DEFINITIONS. In this chapter:
. . .
(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more.
. . .
§ 49.02. PUBLIC INTOXICATION. (a) A person commits an
offense if the person appears in a public place while intoxicated to
the degree that the person may endanger the person or another.

§ 49.10. NO DEFENSE. In a prosecution under Section
49.03, 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, the
fact that the defendant is or has been entitled to use the alcohol,
controlled substance, drug, dangerous drug, or other substance is
not a defense.

--------------------------------------------
TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

§ 1.01. SHORT TITLE. This code shall be known and may be
cited as the Penal Code.
(40) "Public place" means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.

It would appear the only thing open to interpretation would be "public place"...but unless they restrict access somehow, well...don't know. Should be interesting. Here, the cops can pretty much "interpret" things loosely to suit their goals, as demonstrated here...including whether someone is a "danger" to himself or others.

JM-99
 
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Ras_Thavas

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If you have a business license and are open to the public for business then you are a public place.

Of course, the intended goal of this crackdown may not truly be to stop drunks from getting in their cars and endangering others. I know that is what is published in the papers, but there could also be another purpose behind it.
 

LaserFreak

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I think this is just wrong period. First of all, lets consider a few things:

Although this opinion isn't based on fact, I think that most people drink to get drunk, more than just to "enjoy the taste" or be social with it.

That being said,

If the cops start raiding bars every time they think someone is drunk inside (Uh, officer Barney, ya think there might be a few drunks in there?) bars are going to lose business because people will not want to go to a bar where cops frequently bust people for being intoxicated, especially when you are legally considered under the influence with a 0.08% BAC, which, depending on your weight, can be as little as one drink.

Also, let's say someone is drunk...who's to say that this person is going anywhere in his own vehicle? This person ends up getting popped without even getting a chance to make the proper decision and take a cab home (hell, maybe he even has a designated driver), rather than drive and pose a real, life threatening danger to himself or the public.

On the flipside, if a person is so drunk to the point he is uncontrollable by the bartender or bouncers, then I can see a valid reason for a cop to arrest someone in the bar for being drunk and disorderly.

Other than that, this is just wrong. An on-duty officer has no business going into a bar unless he's got reasonable cause (or a call) to believe someone is posing a danger to himself or others. Or unless he's off-duty and wants a drink himself.

My 2c.
 

InfidelCastro

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USA
I had no idea there were so many nanny-statists here.

"I would have no problem if the cops were hanging around outside bars giving breathalyzers".

That's the most insane sounding thing I've read in a long time. Maybe you were joking? I don't know. I hope so..

OMG, somebody's having fun! Punish them!

This country is going to hell in a handbasket, and the main reason is because people don't know how to keep their noses in their own business.
 

Navck

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It just didn't make sense to me that you could walk into a place like a bar and just say "well you're drunk" and arrest someone.
 

paulr

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.08% seems like an awfully low threshold for being drunk in a bar. I think there are still states where it's ok to DRIVE with as high as 0.10% (dumb idea). .08% is too high to drive safely or perform brain surgery, but not a problem for just hanging out in a hotel bar and then going upstairs to your room. I can't help wondering if the people busted were doing something like telling jokes about Texas politicians, where the arresting officers belonged to the opposite political party of the joke-tellers and didn't approve of the jokes.
 

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