• Welcome Guest
Criminal Law
Welcome to FindLaw Answers! Ask an Criminal Law legal question and let the FindLaw community help you find legal answers and information.

This is the place to ask questions on DUI arrests; criminal procedure and trials; definitions of crimes; search warrant law; and criminal arrests.

Get your Criminal Law questions answered by clicking the "Post New Question" button and then selecting the correct Criminal Law sub-topic for your legal question.

Before you post, please carefully read our Terms of Service, Privacy Policy, and Community Guidelines.
  • Ask a Question
    • Show discussions ...
  • Keep Reading
    • arraignment and intoxication
  • 80908
Question from erinkatNov-13

Is it legal to arraign a defendant  who is intoxicated (in this case by video camera)  and should a Breathalyzer be performed before an arraignment if there is a question of intoxication?

  • Answer this Question
Tax_Counsel Nov-13 80908.2
The answer depends on the applicable state law, and you didn't indicate the state. In general, there is no problem with arraigning someone who is intoxicated and there is no requirement that any alcohol test be done prior to arraignment. If the person is obviously too drunk to be aware of what is going on, the court may either reschedule the arraignment or simply enter a not guilty plea for him set bail.
Report Violation