IC § 9-13-2-86. Intoxicated.

“Intoxicated” means under the influence of:

(1) alcohol;

(2) a controlled substance (as defined in IC 35-48-1);

(3) a drug other than alcohol or a controlled substance;

(4) a substance described in IC 35-46-6-2 or IC 35-46-6-3;

(5) a combination of substances described in subdivisions (1) through (4); or

(6) any other substance, not including food and food ingredients (as defined in IC 6-2.5-1-20), tobacco as defined in IC 6-2.5-1-28), or a dietary supplement (as defined in IC 6-2.5-1-16);

so that there is an impaired condition of thought and action and the loss of normal control of a person’s faculties.

– Case Law

– Δ was stopped at a checkpoint. The officers observed no violations of traffic laws and no evidence of any criminal activity. The officer asked Δ for his license, and Δ gave the officer the license. The officer noticed the “odor of an alcoholic beverage and could see a brown prescription bottle in the center console between the two front seats. . . the bottle appeared to contain plant material. [The officer] asked for [the defendant’s] registration. [The defendant] leaned to his right across the center console and reached with his left hand into the glove compartment. In the process, [the defendant] was covering the console with his right arm. [The defendant] handed the registration to [the officer]. [The officer] then asked [the defendant] if he had been drinking beer and he replied that he had. [The officer] next asked [the defendant] Irwin to get out of the car and he did. [The officer] shined his flashlight through the open door into the car and observed an overturned beer bottle on the floorboard in front of the driver’s seat. [The officer] then leaned through the open door into the car to pick up the beer bottle and found, under the front part of the driver’s seat, two plastic bags containing what later tests showed to be marijuana. [The officer] removed the beer bottle, the two plastic bags, and the prescription bottle from the car.” Irwin at 679. Δ was arrested for public intoxication. An inventory search revealed drugs. After being convicted of possession, Δ appealed, arguing that there was no probable cause for the arrest and the drugs should be suppressed.  For the sake of argument, the court assumed that the road block was not violation of the 4th Amendment or Article 1 § 11. The officer (1) smelled alcohol, (2) received an admission that Δ had consumed alcohol, (3) thought he saw plant material in the prescription bottle, and (4) thought he saw Δ trying to hide the prescription bottle. Based on these facts, there was no probable cause to believe that Δ was intoxicated or in possession of marijuana. Irwin v. State, 383 N.E.2d 1086 (Ind. App. 1978).

– A nonexpert witness may offer an opinion on intoxication. Atkins v. State, 451 N.E.2d 55, (Ind. App. 1983).

– Defendant’s conviction for public intoxication under prior version of IC 7.1-5-1-3, which required that intoxication be caused by use of alcohol or “controlled substance” as that term was defined by IC 35-48-1-9, required reversal, since defendant’s intoxication due to glue sniffing was not crime under the former version of statute. Upp v. State, 808 N.E.2d 706 (Ind. Ct. App. 2004).

– Defendant’s conviction for public intoxication, IC 7.1-5-1-3, was supported by the evidence, as two officers testified that they smelled a strong odor of alcohol emanating from the interior of the car in which defendant was found and from defendant’s breath, defendant’s clothes were disheveled, and defendant was uncooperative, repeatedly telling the officers to talk to his attorney. Fought v. State, 898 N.E.2d 447, 2008 Ind. App. LEXIS 2611 (Ind. Ct. App. 2008).

– Defendant’s conviction for public intoxication was supported by the evidence; based upon the odor of an alcoholic beverage coming from defendant, defendant’s demeanor, slurred speech, and bloodshot, watery, and glassy eyes, multiple officers testified that based upon their experience defendant was intoxicated. –Mathews v. State, 978 N.E.2d 438 (Ind. Ct. App. 2012).

– Evidence was sufficient to convict defendant of public intoxication under IC 7.1-5-1-3 because defendant was at a gas station and an officer observed that defendant’s speech was slurred, she was unsteady on her feet, and she was belligerent and uncooperative.  Pittman v. State, 971 N.E.2d 147, 2012 Ind. App. LEXIS 339 (Ind. Ct. App. 2012).

– Evidence was sufficient to support a conviction for public intoxication because defendant had red and watery eyes, slurred speech, unsteady balance, and an odor of alcohol about his person; moreover, defendant was alarming others by walking toward them in an aggressive manner while yelling. Naas v. State, 993 N.E.2d 1151, 2013 Ind. App. LEXIS 387 (Ind. Ct. App. 2013).


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