Alcohol & Drugs: MIP, MIC, Intoxication Public Intox in Indiana

[cattlehead]

My daughter was arrested for public intoxication, while visiting friends at the school, outside Notre Dame Stadium before a game. She was arrested by Campus Police, given a breathalyzer, recorded a .22, and sent to St. Joseph County Jail for booking. She was booked, photo taken, fingerprinted, held until her blood-alcohol level was .05, and released after 14 hours in a holding cell and posting a $150 cash bond. She goes to school in Maryland, and we live in New York. She was told to return for a court date in two weeks, or a warrant will be issued for her arrest. Is it necessary to get a lawyer, or is this something that will never come up in the future as far as affecting her chances of employment, etc? It is impossible for her to get time away from school for the court appearance date, and she is about to ignore the whole thing. I need an honest answer as to the way this should be handled. If it's no big deal, my advice would be to ignore it, but I don't want to steer her wrong. Can anyone out the help with advice? Thanks........Jim

 

[Michael Wechsler]

My daughter was arrested for public intoxication, while visiting friends at the school, outside Notre Dame Stadium before a game. She was arrested by Campus Police, given a breathalyzer, recorded a .22, and sent to St. Joseph County Jail for booking. She was booked, photo taken, fingerprinted, held until her blood-alcohol level was .05, and released after 14 hours in a holding cell and posting a $150 cash bond. She goes to school in Maryland, and we live in New York. She was told to return for a court date in two weeks, or a warrant will be issued for her arrest. Is it necessary to get a lawyer, or is this something that will never come up in the future as far as affecting her chances of employment, etc? It is impossible for her to get time away from school for the court appearance date, and she is about to ignore the whole thing. I need an honest answer as to the way this should be handled. If it's no big deal, my advice would be to ignore it, but I don't want to steer her wrong. Can anyone out the help with advice? Thanks........Jim

You may want to get a lawyer, especially if this is her first arrest. Some employers want to know if you've ever been convicted of a crime and pleading guilty isn't a good way to go, even for a misdemeanor. Her blood alcohol level was also quite high.

Let's take a look at the statute in Indiana, where I am aware Notre Dame is located (people, please ALWAYS include the state that you are in!):

IC 7.1-5-1-3
Public intoxication prohibited
Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).

The maximum sentence is 180 days in prison and a fine of $1,000. The minimum sentence is no time in prison, no probation and no fine and a lawyer might obtain a better result, I cannot tell you. If it was me, I would prefer to obtain the minimum or at least get a consultation on what I can expect. Nobody can tell you what the outcome will be but you can see the sentence for yourself and decide what is most appropriate.

Good luck to you and especially your daughter.