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Can I be charged with intoxication in a court of law if no blood/urine, was taken or field sobriety test given?

  • Posted on January 11, 2011 at 3:23 am

I have a 2 year old boy and a 3 year old girl. I was asleep and police woke me in the middle of the night saying that my daughter had unlocked my door and had gotten out. Neighbors found her and called police. They didn’t arrest me, but a warrant was issued in which I turned myself in immediately. They are charging me with child abuse because they say I was intoxicated when she got out of the house and that I was negligent. They gave no tests at all and even the investigator told me she didn’t think I was drunk, but I had beer cans next to my computer and on my kitchen counter. I had no idea she could get by the two locks I had on the door so i installed a lock high up on the door close to the jamb to where she can’t reach at all. Is there even a case here?
They did not ask me to take any tests at all and I realize the ramifications of what could have happened to my children. I have childproof locks on all my doors, but it doiesn’t help that my daughter is very smart.
I don’t go out and party. I can make a 12 pack of beer last a month. I had friends over the night before so that’s where the beer cans came from. It was roughly 13 cans.

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