Public intoxication is generally defined as a type of misdemeanor offense that occurs when a person is visibly intoxicated or drunk in a public location. This is why this crime is sometimes referred to as public drunkenness, drunk in public, or drunk and disorderly.
The variation of names also has to do with the fact that public intoxication law often changes based on the jurisdiction. In other words, the elements to prove this crime may be different in every state. This also means that the degree of the crime and penalties issued for a conviction may shift by state as well.
A person can still be charged with this crime, even if no one else is around to witness it (except for law enforcement of course). In fact, you do not even need to be intoxicated or drunk to be charged with public intoxication. The reason for this is because the purpose of public intoxication laws is to prevent individuals from causing harm to others, themselves, or in some cases, to public property.
On the other hand, just because you are drunk in public, does not necessarily mean you are going to be arrested and charged with public intoxication. Typically, you will only be charged with public intoxication if you are behaving in a manner that is harmful or disruptive to the public. Otherwise, it is not illegal to be drunk in public.
Thus, so long as you are behaving properly and are not posing a threat to others in a public place, you will not be charged for simply being intoxicated in public. Accordingly, if you believe you have been wrongfully charged with this offense, you should contact a local criminal lawyer immediately for further legal advice.
Eligibility: In general, criminal laws apply to adults. However, juveniles may be subject to similar charges under different legal frameworks, for example, juvenile delinquency laws.
These laws as well as their applicability can vary by jurisdiction. For more specific information about local public intoxication laws, it is important to consult with an attorney.
What Are the Elements of Public Intoxication?
As previously mentioned, the elements of proof for a criminal public intoxication charge may vary based on the jurisdiction in which an individual is arrested. Generally speaking, however, the standard elements of public intoxication will entail similar factors as the ones listed below:
- The individual was in a public location at the time the crime was committed
- The individual did not appear to have control over their actions and as such, posed a threat to others around or near them
- The individual either was or appeared to be under the influence of alcohol, drugs, or another controlled substance
It is important to note that not every state requires proof of the second element. Thus, in such states, the prosecution will only need to prove that the individual appeared to be drunk or disorderly in a public location.
Timelines: There will be a statute of limitations which sets a time limit in which legal proceedings have to be initiated. The length of this period can vary by jurisdiction as well as the classification of the offense. It is important to reach out to a local attorney for more information on public intoxication statutes of limitations.
Evidence/Documents: The evidence that is usually presented in a public intoxication case may include witness testimony, police reports, and photographic or video evidence. The prosecution has to prove beyond a reasonable doubt that the individual was, in fact, intoxicated in public and, depending on the jurisdiction, posted a threat to themselves or others.
Is Public Intoxication Classified as a Citation or a Misdemeanor?
The answer to this question is, it depends. Some jurisdictions classify this crime as a traffic citation, while others may treat the offense as a misdemeanor crime. For instance, in some states like Pennsylvania, a person who is cited for public intoxication may only receive a non-traffic citation, which is below the level of a misdemeanor crime.
In contrast, many other jurisdictions classify public intoxication as a misdemeanor offense, meaning that a person can receive up to a maximum of a $1,000 fine or may possibly have to spend up to one year in a county jail.
Additionally, it should be noted that if a person is repeatedly arrested and charged with public intoxication, they can expect to receive a more severe sentence each time they commit and are convicted of the crime.
For example, the majority of jurisdictions will increase the maximum amount of criminal fines that a defendant will be required to pay or may extend the length of their jail sentence. If a defendant is convicted enough times, they may even have to serve time in a state prison, which is much more serious than a county jail.
Is Public Intoxication a Felony?
While public intoxication is a criminal offense and thus should be taken seriously, it is not normally charged as a felony offense. However, it could become part of a case that results in felony level penalties if the surrounding circumstances warranted this type of punishment. For instance, some conduct that could lead to felony charges include:
- Committing aggravated assault or battery while also being drunk in public
- Destroying federal or government property during a public intoxication incident
- Driving while intoxicated, which leads to injuring another person with their vehicle
What Are the Possible Legal Consequences of Public Intoxication?
Process/Steps: Following an arrest for public intoxication, an individual will usually be taken into custody and may be held until they are sober. Depending on the jurisdiction, they can also be issued a citation or may be formally charged with a misdemeanor.
They will then have to appear in court to address their criminal charges, where they can enter a plea and face the legal consequences in their jurisdiction. Some possible legal consequences of public intoxication can include:
- A jail or prison sentence
- Criminal fees
- Parole or probation
- A permanent criminal record
- Mandatory alcohol education courses
In most instances, however, a person will usually only receive a public intoxication fine. The amount of a public intoxication fine can range from anywhere between $100 to up to $1,000.
It is important to note that a person should not simply pay this fine to avoid having to appear in court. Once this fine is paid, they will lose the right to defend themselves against the charges since it is essentially pleading guilty.
Instead, a person who is facing charges of public intoxication should speak to a criminal lawyer immediately for further legal advice.
Are There Any Defenses to Public Intoxication Charges?
The type of defense available for a public intoxication charge will largely depend on an individual’s case as well as the laws of their state. Some common examples of defenses that might be raised against a public intoxication charge include:
- Proving that the defendant did not disrupt or cause harm to anyone else
- Demonstrating that the defendant was in a place that was considered to be a private venue
- Showing that law enforcement failed to follow the proper legal procedures during an arrest
- Proving that law enforcement arrested the wrong person
- Showing that public intoxication is not considered a crime in the jurisdiction where the defendant was charged
Can a Public Intoxication Charge Be Dropped?
Although it might be difficult, it is possible to get public intoxication charges dropped. For example, if the defendant can prove any of the defenses mentioned in the above section, then they may be able to get their charges dropped, or at the very least, reduced.
A defendant who is charged with public intoxication should strongly consider hiring a criminal lawyer to help them get the charges dropped. For those wondering, does public intoxication go on your record? Yes, it does. Hence, why it is so important to hire a criminal lawyer to try and get public intoxication charges dropped.
The Importance of Hiring a Lawyer: In general, an individual representing themselves may be considered in minor situations where the potential penalties are very minimal and the facts are straightforward. Even in seemingly simple cases, however, it is recommended for an individual to obtain advice from a lawyer so they can understand their rights and any potential defenses they can use.
An attorney will be able to assess the situation as well as provide guidance on the best possible course of action.
Do I Need a Lawyer for Public Intoxication charges?
While it may not be necessary to hire a lawyer for public intoxication charges, there are many benefits to hiring a public intoxication defense attorney to defend you against such charges.
There are many reasons that you may want to consider hiring this type of criminal lawyer. These include finding out if there is a way to have your charges dropped and, if so, having someone advocate on your behalf by raising the appropriate legal defenses in court.
They also include having someone provide general legal advice about your charges, the laws in your state, and your rights as a criminal defendant. Having a criminal lawyer will also provide you with someone who can explain your options and recommend the best course of action based on the facts of your case.
