Though she was only a passenger in the car driven by her reportedly drunk boyfriend, Christina Aguilera was arrested and cited for public intoxication earlier this week. The falling pop star’s brush with the law has a lot of people wondering about public intoxication and just what constitutes an offense. Here’s a quick explainer.
In addition to behavior, the public intoxication or disorderly conduct must happen in, well, public. This is where the law gets a little murky. Jurisdictions vary as to the definition of public, meaning that it may be possible to be cited when on private property if you’re in plain view. This is also where the greatest defense to public intoxication can be found. Whether or not you were actually in public is often up for debate.
Public intoxication laws are enforced, but unless you have a glut of priors, a citation rarely ends in more than a slap on the wrist. The primary intent behind these sorts of laws is really to ensure public safety and protect property from drunken frat boys.
Related Resources:
- Disorderly Conduct (FindLaw)
- Open Container Law (FindLaw)
- Colts Punter Pat McAfee Arrested for Public Intoxication (FindLaw’s Tarnished Twenty)
- Drunk in Public: Student Charged for Urninating on Nativity Scene (FindLaw’s Legally Weird)
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