Speaking for CA law only, public intox is being under the influence to the extent judgement or behavior is impaired causing the person to be a danger to theirself, others, or gravely disabled (647(F) PC). This definition might apply to the case being discussed here.
I've never understood the concept of a cop giving FSTs to a person when investigating public intox. In CA public intox (alcohol) is not determined by BAC but rather by behavior and objective symptoms.
Sidenote 2: Once LE comes into contact with a person in a case similar to that mentioned here, the officer will more likely opt to arrest for public intox than not to take any enforcement action. If something should happen to the man or that child after being cut loose by the officer the city will certainly be faced with having to defend itself from a civil liability action. (In CA the officer wouldn't face a civil action as almost every cities indemnifies the officer working under the color of authority.)
An <nobr style="color: rgb(43, 101, 176); font-weight: normal; font-size: 100%; font-family: Arial,Verdana,Helvetica,sans-serif;" id="itxt_nobr_0_0">Ohiohttp://images.intellitxt.com/ast/adT...lass_10x10.gif</nobr> man has been sentenced to a year of probation on charges he was drunk while he had his two young sons out in a stroller.A Mansfield Municipal Court clerk says 24-year-old Steven Melendez pleaded no contest Tuesday to child endangering and intoxication and was found guilty by a judge. The sentence includes $150 in fines.
A Mansfield police officer who made the arrest July 26 reported Melendez smelled of alcohol and couldn't stand without leaning on the stroller. Police say it held Melendez' 1- and 2-year-old sons.
There's no phone listing for Melendez. He had told <nobr style="color: rgb(43, 101, 176); font-weight: normal; font-size: 100%; font-family: Arial,Verdana,Helvetica,sans-serif;" id="itxt_nobr_3_0">Clevelandhttp://images.intellitxt.com/ast/adT...lass_10x10.gif</nobr> station WJW-TV he made a mistake and would tell the judge he needed treatment, not jail. The court clerk says the probation department will choose a program.