Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Question for the LE0s

I’m sure someone has but in 24 years I have not seen someone charged under 13a-11-72 for habitual drunkard. The issue is it being subjective. Without a legal definition then how does one prove the elements defining it. It’s not DUI so there is no BAC. Maybe if they had multiple DUIs but how would that apply if it has been years between them? Maybe they were sober for years and relapsed. Would that count as habitual? Maybe. It’s just hard to prove and then one would be faced with drinking vs being drunk. If one is a functioning alcoholic then articulating drunk would be tough because BAC is 05-08 but that only applies to driving. Same with drug addict. Drug possession is not a drug user. Even though common sense suggest they probably use it too but how is addict defined? LEOs aren’t doctors so articulating it is going to be tough unless someone just says they use or get drunk every day. The defense to that ironically could be their mental state was compromised and what they said shouldn’t be considered as fact.