Public Intoxication

People who are cited or arrested for public intoxication are usually those who leave a bar or other type of establishment and start to yell or try to start a fight. Many people who are arrested for public intoxication have alcohol levels that are extremely high, and may have no prior criminal history. Public intoxication is usually seen as a minor offense and is a popular charge at large events where alcohol is served, such as football games, Mardi Gras and St. Patrick’s Day festivities.

Public intoxication will get you arrested, but private intoxication makes you an alcoholic. – Amber Nicole Limbaugh

For the state to prove the offense of public intoxication they must show that

You were intoxicated by drugs or alcohol
To such an extent that you affected those around you
By disturbing the peace through words or actions, or
That you attempted to breach the peace by challenging others to fight.

You may also be arrested for public intoxication if you

Are so drunk that you start smashing bottles or other items in the street or if you attempt to damage property, or
You walk into traffic or otherwise endanger the people who are driving or traveling on a sidewalk, or
If you pass out in a public area.

What Are Some Public Intoxication Defenses?

Most of the people who are arrested or cited for a disorderly intoxication crime plea out because the penalty is so minimal they do not feel it is worth the effort to fight the charge. Other times people plea to the charge because they were so drunk they can’t remember enough of what happened to form a defense. However there are defenses available. Some of these include

Involuntary Intoxication

In a case of public intoxication, the State assumes that you drank too much or took to many drugs voluntarily. If you can show that you drank something that you did not know was alcohol (for instance, for a very short time in some states the “4Loco” beverage was sold in the energy drink section and not with the other alcohol products) or that someone put something into your drink without your knowledge that caused you to have an immediate and horrible reaction and that was the reason you were acting the way you were, you can be found not guilty. This defense is seldom used and is rarely successful!

Dementia or Other Medical Causes

There are some medical conditions that cause a person to look or act drunk when they are not.

Older people with dementia or Alzheimer’s may act belligerent and out of control. They may not give their names or address and the officer will interpret these actions as a whole to be the result of intoxication, when it is in fact a brain disorder.
Some types of mental illness will also manifest symptoms of drunken behavior. If an officer is not trained to recognize the difference they may make an arrest for public intoxication.
There are other medication reactions, such as those experienced with Ambien, that may also mimic the symptoms of drunk and disorderly behavior.

Free Speech and Constitutional Challenges

When the arrest is based on yelling or screaming alone, there is an argument to be made that the arrest infringes on a person’s right to free speech. You have a right to scream whatever you like in public with certain exceptions. If the State can not show that you went beyond the boundaries of what is protected or that you in some way adversely affected another person or persons, they may not be able to proceed.

Public Intoxication Penalties and Sentences

In most cases of public intoxication, the officer takes the person to jail, allows them to “sleep it off” and then releases the individual in the morning. Sometimes at that point the case is considered closed. Some jurisdictions allow a person to enter a plea and be released at the first appearance. In other places a person is written a ticket or formally charged with the crime and they must either enter a plea or proceed to trial. In cases where a person is found guilty of public intoxication or enters a plea, the following sentences are possible

Fine

The fine can be civil, like a speeding ticket, which means the arrest does not show on your record, or criminal. If it is a criminal fine the charge will show up in na background check. It just depends on the law in your particular area.

Public Service

If you were arrested for destroying property or breaking bottles in the street, some judges will ask the offender to perform some type of community service work. Many times the public service is cleaning up the mess the offender made, but not always. The idea of public service is to “pay back” the community for the incident.

Counseling

If you are a repeat offender, or if you are underage, the judge may determine that you have a problem with alcohol or drug use. If that is the case they may order you to undergo therapy or counseling to see if it will help prevent future incidents.

Jail

In some states, a person can be sentenced to up to one year in jail. This is not a common sentence. In many states the maximum penalty is 30, 60 or 90 days. Even in those jurisdictions it is rare for a person to be forced to serve that long of a sentence.

Some jurisdictions have alternative programs where if you complete certain conditions they will dismiss the charge all together. But the conditions for those programs vary from place to place. Others treat a public intoxication crime as a mental illness or Marchment Act offense and will take a person to a detoxification facility or hospital instead of a jail.

No matter what type of alcohol offense you encounter, you should always inquire as to whether or not a plea will affect your entry into school, financial aid, driver’s license or professional license before you enter a plea.