Bostonist: The Drunk Tank is a Comin' to Town

ed

Fri, 20 May 2005 10:10:52 -0500

while being drunk and walking around might not be illegal per se, i can think that if the cops really wanted to, they could easily find some way to compel you to take a breathalyzer, whether it's technically legal or not. cops are fun like that. i can't imagine cops wanting to waste their time doing this with anyone but the drunkest people sleeping on the street, though, but who knows.

Katie

Fri, 20 May 2005 08:09:55 -0500

I love having a friendly neighborhood lawyer looking after my stumbling self and the rest of the Bostonist clan...

Josh

Fri, 20 May 2005 07:40:45 -0500

But remember (says your friendly neighborhood lawyer): Being drunk, per se, is not illegal, so if you're not driving a car or otherwise making a scene, the cops don't have probable cause to make you take a breathalyzer test. So if you're stumbling home (a la Katie, apparently), don't take the breathalyzer unless you want to sleep it off in the pokey.