Criminal Defense
Legal Defenses to Public Intoxication Laws
by Rachael Goldstein, Attorney
Imagine: you’re out on the town, enjoying a fun-filled weekend with friends when the night takes an unexpected turn. You’ve had some drinks and are walking down the street laughing with your friends. Suddenly, the police are in front of you, and you’re facing public intoxication charges.
While this may seem unlikely, it happens, and it’s crucial to understand that something seemingly as innocuous as having a few too many drinks and walking home can potentially lead to criminal charges in some jurisdictions.
A charge related to public intoxication may seem minor. However, any brush with law enforcement has its complexities and potential consequences, and it’s important to have a comprehensive understanding of what this entails.
What Is Public Intoxication?
Public intoxication occurs when a person displays signs of intoxication – whether from drugs or alcohol – in public areas.
Regardless of the specific statute, three fundamental elements are typically required to be convicted of a public intoxication charge:
- You appear to be under the influence of alcohol or drugs;
- You are causing disturbance or harm; AND
- You are present in a public place.
One crucial fact to bear in mind regarding public intoxication laws is that you don’t necessarily need to be legally intoxicated, nor have an “open container”, for charges to be filed. Looking drunk and behaving in a disorderly manner might be enough for an officer to stop you, especially if your actions are creating an unpleasant or intimidating environment for others.
A chemical test to determine your level of intoxication is almost never required to prove this offense.
The laws related to this offense vary greatly from state to state. For instance, it’s charged as disorderly conduct in some jurisdictions, while others have distinct public intoxication statutes on the books. There are also places where being drunk in public can land you behind bars, while there remain some states that don’t criminalize this behavior at all. Consider Pennsylvania, South Carolina, and Nevada.
As a Fineable Offense – Pennsylvania Public Intoxication Charges
In Pennsylvania, for example, public intoxication is treated as a summary offense. The fines associated with this charge range up to $500 for the first offense and up to $1,000 for any subsequent violations. The elements of this crime include being under the influence of a substance in such a manner that could present danger either to yourself or others or cause annoyance to others in the vicinity.
“A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance…to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. A person convicted of violating this section may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.” – Pennsylvania criminal code
In Pennsylvania, you can typically have a summary offense expunged, but need to wait five years from the date of the offense. You must also remain arrest-free for five years preceding your motion for expungement.
As an Imprisonable Offense – South Carolina Public Intoxication Charges
On the other hand, if you’re in the state of South Carolina, public intoxication is treated somewhat differently. Referred to as “gross intoxication” in public, this offense is classified as a misdemeanor and penalties may include up to $100 fine or up to 30 days imprisonment. It’s also not possible to have this charge expunged from your record.
“(A) A person who is: (1) found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducts himself in a disorderly or boisterous manner… is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days…”
Not Illegal – Public Intoxication Charges in Nevada
At the opposite end of the spectrum is Nevada. Here, there is no crime of public intoxication. However, it’s important to note that if your level of intoxication results in behavior that violates other laws – for instance, breach of peace or trespassing – you would face legal repercussions for those actions.
Is Public Intoxication a Misdemeanor or a Felony?
Public intoxication laws vary by state, with some categorizing it as a misdemeanor and others considering it an infraction or summary offense.
A misdemeanor is considered more serious than an infraction or a summary offense but less severe than a felony.
In jurisdictions where public intoxication is a misdemeanor, penalties could include fines, probation, community service, drug and alcohol classes, or even jail time in some cases. The charge would also typically appear on your criminal record unless expunged.
On the other hand, a summary offense (also known as infractions or petty offenses in certain jurisdictions) are considered less serious violations of the law, often similar to a traffic ticket. These normally result in small fines and usually do not lead to jail time (though in some jurisdictions summary offenses can lead to short jail sentences).
When an Arrest for Public Drunkenness Means Being Taken to Jail
If public intoxication is classified as a misdemeanor in your state, it typically results in an arrest. You will be taken to the police station for booking and processing, and bail will likely be set by a judge or magistrate.
In many cases of this nature, defendants will be “released on their own recognizance” (ROR). ROR means you don’t have to pay any bail money to be released; instead, you give your written promise that you’ll appear at all future court appearances, and you can go home pending trial.
The decision of whether someone qualifies for ROR is made by examining certain factors, like criminal history, flight risk, ties to the community, and the seriousness of the current charge. Because public intoxication in and of itself is not considered a serious or violent charge, it’s highly unlikely that a person arrested for this crime would have to pay bail to be released.
Consequences When Public Intoxication is a Summary Offense or an Infraction
In jurisdictions where public intoxication is classified as an infraction or summary offense, you typically won’t face arrest. Instead, a law enforcement officer will likely issue a citation to you at the scene.
Being issued this citation is similar to receiving one for a traffic violation. It signifies that you have been charged with the minor crime of public intoxication and must fulfill certain legal requirements going forward. You may have to pay a fine or perform community service, for example.
This type of offense is not as big of a deal as a misdemeanor or a felony, but you should always take legal issues seriously.
Other Potential Consequences of a Public Intoxication Arrest
Facing Additional Charges
A relatively minor offense like public intoxication may not seem like a big deal, but if you’re in a jurisdiction where it’s a misdemeanor and you are taken into custody, it can serve as a gateway to additional charges.
If during your arrest you resist or obstruct law enforcement from carrying out their duties – for example, by becoming argumentative or physically struggling with the police officers – you could find yourself facing a charge of resisting arrest.
Also keep in mind that there are other crimes commonly charged alongside public intoxication, depending on your behavior. These often include disorderly conduct, vandalism, trespassing, and disturbing the peace.
Police Searches of Your Person
Once law enforcement officers have reason to take you into custody, they also have the legal right to search you for contraband or weapons. Suppose they find something illegal during their search, like drugs or a prohibited weapon. In that case, you will face additional charges related to that discovery.
Implications for Child Custody and Professional Opportunities
If charged with public intoxication, this could reflect on your standing in unrelated legal or professional matters. A record of your charges could be brought up in court to find you as an unfit parent. Alternatively, the facts of the case could come up on background checks and impact your career.
Where Public Intoxication Charges Apply
Public intoxication charges generally cover locations accessible to the public, like parks or sidewalks. If you are drinking in private spaces – like your home or a friend’s house – these laws will not affect you.
What About “Private” Places Like Bars and Stadiums?
It gets more complicated when considering private properties that serve a communal function such as restaurants, bars, and stadiums. In many jurisdictions, these establishments can fall under “public places” for purposes of a public intoxication charge despite being privately-owned and otherwise regulated as such.
Understanding whether a specific venue could be treated as public in the context of these charges can be complex. The best way to make sure you’re complying with all laws is to speak with a criminal defense lawyer, as they have the knowledge and experience to interpret relevant laws.
Also keep in mind that as soon as you walk outside of a “private” venue, you’re likely on public property, opening you up to charges of public intoxication.
Getting Public Intoxication Charges Dropped or Dismissed
Mounting a defense for public intoxication charges often involves seeking ways to dismiss or reduce the charges. Some common reasons charges would be dropped or reduced include:
Lack of Evidence
A successful defense strategy against public intoxication charges might center on a lack of evidence, where your attorney contests certain aspects of the charges. They might argue there’s not enough credible proof demonstrating your apparent intoxication, or they may point to discrepancies regarding where this behavior allegedly occurred, arguing that it wasn’t on public property.
It might also be possible for your attorney to obtain video footage of your behavior from surveillance cameras, doorbell cameras, or private parties, which could provide evidence that you weren’t behaving in a manner that warrants these charges.
Procedural Errors
Here, your attorney would scrutinize the arrest process. Any failures to follow procedure might render some of the prosecutor’s evidence inadmissible and strengthen your case.
Suppose the police questioned you without reading you your Miranda rights or they questioned you even though you invoked your right to remain silent. During this interrogation, you told them you were drunk and had 6 drinks throughout the night.
Your lawyer could file a motion to suppress with the court alleging that your rights were violated, and the statements should be suppressed. If this is successful, the statements you made could not be used against you as evidence.
Agreement with Prosecutor
There are also instances where it might be possible to strike a deal with the prosecutor. By agreeing to participate in a diversion program, complete community service hours, or enroll in a drug or alcohol treatment program, you might be able to achieve a dismissal or reduction of charges. This typically depends on the nature of your incident, whether you have prior offenses, and local court practices.
Always Contact a Criminal Defense Lawyer for Help
Facing public intoxication charges can be scary, and understanding your legal rights and options is crucial. If you have been charged with this or a related crime, don’t navigate this challenging time alone.
Speak with a qualified criminal defense lawyer to explore your options, build a strong defense, and work towards the best possible outcome for your situation. Your future and freedom are too important to leave to chance.