Being arrested and charged for public intoxication, while not as serious as a DUI charge, can still have severe consequences. Depending on the state or locality, the charge for being drunk in public can be a misdemeanor or even simply an infraction, like a speeding ticket. But, unlike a speeding ticket, a public intoxication charge can result in being arrested and taken into custody by the police.

Typically, a first or second offense will not have severe consequences, unless a person already has a criminal history, or is being charged with many other drunken crimes. However, the facts surrounding the arrest might convince a judge to require some alternative penalties, such as requiring a drug or alcohol treatment program.

Very few people would dispute that their judgment is impaired when they are intoxicated. As such, when a person is intoxicated in public, the concern is that they will act in way that endangers not only their own safety, but the safety of others. In many jurisdictions, the crime is actually called drunk and disorderly conduct. In order to allow law enforcement to effectively perform their duties of keeping the public safe from people who are acting disorderly in public, the threshold for public intoxication is deliberately low.

Defending a Public Intoxication Charge

In order to be convicted of public intoxication, it must be proven that a person either was, or appeared to be, drunk, or under the influence of drugs, while in public (or in the public’s view). Additionally, some jurisdictions also require that the person be intoxicated to the point where they either pose a danger to the public or themselves.

Related Resources:

  • Charged with a crime? Get your case reviewed for free now. (Consumer Injury - Criminal)
  • LAPD Takes on ‘Nightlife Crime’ in Hollywood (FindLaw Blotter)
  • Reminder: Pot Is Illegal on Beaches, Military Bases, and Other Federal Land (FindLaw Blotter)
  • Randy Travis Arrested for Public Intoxication in Front of Church (FindLaw’s Celebrity Justice)

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