Having witnessed a number of criminal charges that "they can't charge you with", sadly you are incorrect. The can intentionally charge you with anything. Then it is up to your attorney to prove otherwise. Most public defenders likely won't do the research to refute these bogus charges . . . I know that the public defender in the case I testified at wouldn't research the gun laws and he told me as much before the trial.Funny thing is, carrying while intoxicated won't stick. That only applies to people licensed to carry. If you're not licensed, they can't charge you with it. General Law - Part IV, Title I, Chapter 269, Section 10H