Cant believe this from Texas....

[HTRDLNCN]

This is like something Cali would pull..
I dont have the words..
http://news.yahoo.com/s/nm/20060322/us_nm/bars_dc

[speed demon]

That is crazy!!!!!!!!!!!!!!!!!
I thought a bar was personally owned,wouldnt that make it private property?
David

[MOBrien]

damn. next thing you know they'll be arresting people that are baked out in a medicinal cannabis club. What's this world coming too? :rolleyes: :D :D

[Dave C]

that's rediculous... they are concerned that a drunk might leave and drive.
Well DUUUHHHH, go wait the f*ck outside and arrest him AFTER he starts his car.
otherwise leave the poor drunks alone. they ain't hurtin no one except their liver. ;)

[Liberator TJ1984]

That is crazy!!!!!!!!!!!!!!!!!
I thought a bar was personally owned,wouldnt that make it private property?
David
Since it is " open to the Public " you are fair game.... on several occasions I have been at parties where they lock the doors and declare it a private party, but then you pizz off da fuzzz and they will stake the place out and get you when you walk outside ( if you can be seen by the Public Community or step on Public Property) You are fair game ( I have been tricked into walking onto the road and was ticketed ..Sir can you come here for a second?? we are looking for this guy ( flash picture ) so I walk over......Dumbass Me !!! :rolleyes: , or else stop you down the road as you leave :yuk:

[buzzaro]

I am waiting for them to come into my F'ing house and arrest me before I leave and do something stuipid, after all its bound to happen sooner or later. Havent these idiots seen Minority Report?

[redneckcharlie]

the alcohol stings have been going on in my state(new mexico) for quite a while. our division that does this is called sid. they basically will go into a bar ask you to blow, and tell you that if you are drunk that they're not citing you, just trying to cite the bar. the fines here range from five to ten grand and eventually loss of the liquor license. a liquor license here is a quarter of a million dollars. oh, and sid can cite the bartender and even arrest them. over serving here is a fourth degree felony. here, its purely for the reason of revenue, with public safety coming a way off second. a complete load of crap in my book!

[HTRDLNCN]

( I have been tricked into walking onto the road and was ticketed ..Sir can you come here for a second?? we are looking for this guy ( flash picture ) so I walk over......Dumbass Me !!! :rolleyes:
As far as I know that doesnt happen here in Florida,
I must live in a bubble however as I had no idea it happened in Texas,..
Thats just pathetically sad...
I would hope any decent Officer would tell his higher ups to
shove it before he did something like that.

[Liberator TJ1984]

They usually are not that BAD :rolleyes: ....but usually after an accident they will make a showing to say ....or if there is a paticularly alot of trouble at a certian bar they will really crackdown on them.....

[Red Horse]

It really depends where you are in Texas. Take Abilene for instance. The public intox laws says you dont even have to be drunk or drinking. Just be a danger to yourself or others. In Austin completly diff story. Seen plenty of people trashed and LE wont do anything unless you are a problem. Been a law for a long time in Texas about putting your head down on or in a place that gets 51% of its revenue for the sale of alcoholic drinks. City ords have alot to do with it as well. Either that or they enforced/not enforced in diff places.

[wsuwrhr]

You would THINK that the Lone Star state would have it's shit together much better than the kooks who reside in the Golden state.
Texas is making sweeps of their bars, hauling off drunk people.
Don't make no sense boy.
WTF is the world coming to?
Brian
Land of the free, home of the brave. Right?
Sheesh

[SB]

Guess I'll go back to getting drunk in the park.

[Moneypitt]

There is a misconception that you are legally drunk if you blow a .08. This is not true. It is against the law to drive with a .08. You do not have to be "under the influence", just .08 or more. .08 doesn't even require that you be impared, just .08. There is NO legal limit breathalizer reading for "drunk in public". That is a judgement call for LE, as there is NO "implied consent" to take a breathalizer test unless you are driving. The misconception that a .08 reading means you are drunk is flat wrong. If LE in Texas is depending on .08 readings to cite bartenders for serving a drunk person, those cases will be thrown out. You do not have to submit to a test unless you are driving. I certainly would not take ANY test while seated in a bar, quietly consuming alcohol. LE would have NO probable cause to require it........Again, drunk in public is a LE judgement call, and testing is not required before an arrest, but there must be some sort of "probable cause" prior to LE contact. Now, if the Officers here on the boards, and the Lawyers as well, would voice their opinion of MY opinion concerning this law, maybe the misconception can be corrected.............MP

[ZZ-Man]

Thanks "Tater salad"

[KACHINA KEN]

TABC is a ball buster, they look like FBI and act like they have a license to kill, they are nothing to fool with, they have absolute power.

[wsuwrhr]

Good point. When this shit hits the golden state, I know what my response will be.
Brian
There is a misconception that you are legally drunk if you blow a .08. This is not true. It is against the law to drive with a .08. You do not have to be "under the influence", just .08 or more. .08 doesn't even require that you be impared, just .08. There is NO legal limit breathalizer reading for "drunk in public". That is a judgement call for LE, as there is NO "implied consent" to take a breathalizer test unless you are driving. The misconception that a .08 reading means you are drunk is flat wrong. If LE in Texas is depending on .08 readings to cite bartenders for serving a drunk person, those cases will be thrown out. You do not have to submit to a test unless you are driving. I certainly would not take ANY test while seated in a bar, quietly consuming alcohol. LE would have NO probable cause to require it........Again, drunk in public is a LE judgement call, and testing is not required before an arrest, but there must be some sort of "probable cause" prior to LE contact. Now, if the Officers here on the boards, and the Lawyers as well, would voice their opinion of MY opinion concerning this law, maybe the misconception can be corrected.............MP

[Turbojack]

Have you walked out from the Houston Livestock Show & Rodeo BBQ Cookoff on a Thursday, Friday or Saturday night around 11-12PM? Thousands walking out to the buses & parking lot not able to walk straight. If the police wanted they could fill up all of Houston's Jails with people. I am sure glad I have the RV out in the parking lot & not having to drive.

[Wakker]

You do not have to submit to a test unless you are driving. You don't have to take any tests if you get pulled over. The only reason they will ever ask you to blow in the tube is to gather evidence, bottom line, whether you blow in the tube or not, your going to the tank. You can refuse to give blood, blow in the tube, etc. even after being hauled in, only time they can forcefully take blood is if accident and/or injury occured at the time you were arrested... A failure to cooperate loss of license beats the hell out of a DUI...

[Moneypitt]

You don't have to take any tests if you get pulled over. The only reason they will ever ask you to blow in the tube is to gather evidence, bottom line, whether you blow in the tube or not, your going to the tank. You can refuse to give blood, blow in the tube, etc. even after being hauled in, only time they can forcefully take blood is if accident and/or injury occured at the time you were arrested... A failure to cooperate loss of license beats the hell out of a DUI...
Yes this is true, BUT, when the case gets to court the judge will take the officer's judgement of your "imparement" and you're F#&*ed anyway. Even the jury in a trial will be instructed that your failure to give a sample of "something" should be considered during deliberations about guilt or innocence. There is the "implied consent" to test that you sign when you're issued a license to drive. At this time there is no "implied consent" signature to walk, sit, or stand. True they will take your license, and probably convict you anyway without testing, but to refuse while not driving has no consequences, other than they take your shoes when they put you in the drunk tank,( I've been told), but you do get your shoes back in the morning......MP

[ClownRoyal]

They usually are not that BAD :rolleyes: ....but usually after an accident they will make a showing to say ....or if there is a paticularly alot of trouble at a certian bar they will really crackdown on them.....
I agree. I think LE had an agenda on this one. Hell, you could go to any bar anywhere and arrest people like they did. If LE in Havasu wanted to do that they would have a heyday every Fri and Sat in the Channel. They would have to rent out space at Home Depot to hold all the drunks.

[Wakker]

Yes this is true, BUT, when the case gets to court the judge will take the officer's judgement of your "imparement" and you're F#&*ed anyway. Even the jury in a trial will be instructed that your failure to give a sample of "something" should be considered during deliberations about guilt or innocence. There is the "implied consent" to test that you sign when you're issued a license to drive. At this time there is no "implied consent" signature to walk, sit, or stand. True they will take your license, and probably convict you anyway without testing, but to refuse while not driving has no consequences, other than they take your shoes when they put you in the drunk tank,( I've been told), but you do get your shoes back in the morning......MPEvery instance I have seen, the officer hasn't had enough to rely on to clearly prove the subject was impaired. Usually ends up with failure to cooperate charges, and not a formal DUI charge...

[HTRDLNCN]

Folks, this is your tax dollar at work: "Someone catches the attention of an agent in a bar, it means they've done something beyond what every other person in that bar who is also drinking has done. They've done something to bring attention to themselves," Beck said.
Email this Carolyn Beck:
Carolyn Beck
Texas Alcoholic Beverage Commission
PO Box 13127
Austin, Texas 78711
questions@tabc.state.tx.us
(512) 206-3347
Or directly at
Carolyn Beck
Public Information Officer
Texas Alcoholic Beverage Commission
carolyn.beck@tabc.state.tx.us
512.206.3347
Here is the link to last nights news cast http://kxan.com/Global/story.asp?S=4674898
Here is the story below:
If you have a drink in an Austin bar or restaurant, and you do something out of the ordinary, you could go to jail.
The Texas Alcoholic Beverage Commission says they can spot people who've had too much to drink, just by looking at them.
It's an issue creating a lot of controversy. It's also creating a lot of arrests.
THE TABC sting operation has increased arrests by 95 percent.
Agents are going into bars and restaurants looking for folks who are a danger to themselves or others.
When they spot someone drawing attention to themselves, that person is likely headed to jail.
"Don't do anything more than anyone around you in a bar is doing," TABC spokeswoman Carolyn Beck said.
The Texas Alcoholic Beverage Commission are sending agents into bars to ticket people who have had too much to drink.
How can they tell? Simply, they look at you.
"You may be arrested and taken to jail and get a citation as well, It's the officer's discretion," Beck said.
TABC busts are up 95 percent over the last year. Legal experts say there's a reason for that.
"TABC is trying to justify their existence. They think that it is a politically popular thing to get out there and arrest folks," defense attorney Ken Gibson said.
Gibson says the method TABC agents use to determine if you're drunk is nothing short of harassment. If you do anything out of the ordinary, they'll haul you outside for a field sobriety test.
"It's the old, 'I'll know it when I see it.' standard, and that's not enough. There's got to be more to it than that," Gibson said.
The TABC insists agents can spot people who are a danger to themselves or others just by looking at them. They stand out. They're a spectacle and easy to spot.
"Someone catches the attention of an agent in a bar, it means they've done something beyond what every other person in that bar who is also drinking has done. They've done something to bring attention to themselves," Beck said.
That's a claim Gibson doesn't buy and says the conviction rate of these tickets and TABC's ultimate success will be extremely low.
"They're going to have a difficult time proving this person was a danger to himself or others when he's sitting in a bar, not bothering anybody," Gibson said.
Defense attorneys News 36 spoke with say they expect the conviction rates of these tickets to be less than 10 percent.
The TABC says their ultimate goal is to reduce over serving by bartenders and to prevent drunk driving.
That's an issue everyone seems to agree on. It is the method the agents are using that's drawing the most criticism.

[Moneypitt]

This should be with the other thread on this subject............MP