He is eligible, but he drinks all day, everyday, and there is never even ten minutes when he doesn't smell of alcohol. Won't he be subject to a drunk in public charge if he appears at the DMV office, never mind tries to take a driving road test?

So you want to discourage him from applying by citing a drunk in public law? Which state, please.

** edited out wrong post you copied and pasted.***

Tell he why he is "not allowed" to get a driver's license.

THIS IS NOT HELPFUL! I know the question sounds stupid, but it's a real situation. Obviously, if I had any contacts in law or law enforcement, I would have asked THEM. *I* am the one thinking my friend is subject to a drunk in public charge if he walks into a Driver's License office (Maryland) smelling like alcohol. His thinking is not 100% due to his addictions. What is WRONG with you people! I hope you're not getting paid, because this just seems like a circus, and no one here wanted to help.

Now that you've provided the State and we don't have to guess OR think you think there's a Federal Law which "he" is violating - yes, it's the disorderly conduct law in Maryland that prohibits people from being drunk in public and/or disturbing the peace.

Smelling like alcohol does not mean a person is intoxicated. It means they smell like alcohol.

So - if your friend is in public, intoxicated, no one will do anything, make a citizens arrest and then call the Police.

Oh - and let me explain how volunteers work. They volunteer their time. Paid workers get paid.

... What is WRONG with you people! I hope you're not getting paid, because this just seems like a circus, and no one here wanted to help.

You ask a half-baked question 15 days ago, we tell you what we need to know in order to help you, and when you finally decide to post a response the first words you type are insults. Not very smart.

No, we aren't getting paid. And, therefore, I for one don't feel like looking up the Maryland laws on being drunk in public. Suffice it to say that having the smell of alcohol on his breath, in of itself, is not going to constitute a violation.

If he asks to take the driving test, and produces a vehicle to take it in, the DMV may very well call the police at that time and they might have him submit to a breath test.

In an attempt to (hopefully) clear things up for all involved:

I'm thinking the OP thought Judy was talking to [the OP] when she informed andrei_innoh that we don't post foolishness on legal boards, but only legal answers.

Obviously a misunderstanding of Judy's intention, if that's the case, but the only reason I can imagine for the response.

To the OP (namesux)-Judy was not chastising your question, she was chastising another user's answer to your question. Thus far the legal experts on this board have only attempted to retrieve further information from you in order to accurately answer your inquiry. They are experts and work actual jobs involving legal issues. This forum is something they do in their free time, without pay, out of the goodness of their hearts.

A little gratitude, and more critical reading, might do you good.

Ok, thank you. The forum usage is a little confusing. I didn't know where else to go to ask such a ridiculous sounding question, but it *was* here.

He is eligible, but he drinks all day, everyday, and there is never even ten minutes when he doesn't smell of alcohol. Won't he be subject to a drunk in public charge if he appears at the DMV office, never mind tries to take a driving road test?

If your friend wants to walk into the DMV and attempt to get a driver's license and somehow DOES after taking a road test with a DMV employee, then they are permitted to do so. This may be the one day in their life that they are sober. Now, if they do get a driver's license, chances are very, very good that they will be in an accident or somehow pulled over while weaving all over the road and arrested for DUI. Why do you care, unless you live in the same town and don't want to risk the possibility of them driving into your vehicle.

Merely smelling like you are drinking is not enough to arrest you for public drunk, you have to actually be drunk and normally be causing a issue or problem.

Should they, no of course not, but that is a moral issue, can they go and apply, of course

I care because he's my best friend and keeps getting po'd at me because I conveniently can't make time to take him to the DMV...