Can I represent myself for a drunk in public arrest?

UPDATED: Jul 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I represent myself for a drunk in public arrest?

I was arrested for my second drunk in public violation last week. My friends and I went to a bar in a party bus for a birthday celebration. I was kicked out of the bar for being drunk and talking back to a bouncer. The bar manager called the cops while I was being held by the bouncers outside of the bar. Our party bus could have easily picked me up and I could have gone home; instead I was taken away in a cop car. The manager had agreed to let me go if the party bus would’ve pull up to the front of the bar. I sat on the curb and watch the bus leave without me.

Asked on July 28, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been charged with public intoxication by law enforcement and you do not agree to a plea, but wish to go to trial and represent yourself, you have that Constitutional right in California.

The problem with representing yourself in such a situation is that most likely a blood/alcohol or urinanalysis was taken of your blood alcohol content at the time of your arrest. If so, the prosecution will use such evidence as part of its case in chief to discredit you in your defense as your own lawyer.

Alcohol intake impairs one's ability to recall events. Furthermore, by representing yourself at a trial,you may want to take the stand and give your version of what happened. If so, you waive your Constituional right against self incrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption