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Are crimes of DWI and public
intoxication different, and if so, how?
Yes, they
are very different. Specifically, the statutory definitions of
the term "intoxicated" are not equal in regard to the
two charges. The DWI intoxication definitions (loss of normal
mental or physical faculties and/or .08 or more) require a
lesser measure of intoxication than does public intoxication (P.I.).
A person is "intoxicated" for purposes of P.I. when he
is either a danger to himself or a danger to others. In
addition, police officers usually video tape DWI suspects, and
persons holding drivers licenses have conditionally pre-agreed
to take either a breath or blood test, upon request, after their
arrest for DWI. No such agreement or videotape procedure exists
for P.I. Finally, the punishments for DWI, which are discussed
in the following section, and P.I. are different. Specifically,
P.I. is in the lowest category for criminal offenses, it is a
Class C misdemeanor which carries with it the possibility of a
fine up to $500.00 -- no incarceration may be assessed upon
conviction for this type of misdemeanor.
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