Alcohol & Health
Treatment
Helping Alcoholics
Medically Reviewed by Annamarie Coy, BA, ICPR, MATS
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Public intoxication is a misdemeanor offense. It’s when a person appears in a public place while drunk. This offense is not the same as drinking in public, an act regulated by open container laws that vary across states.
To be considered publicly intoxicated, someone must have a 0.08% or higher blood alcohol content (BAC). This BAC can make it difficult for intoxicated people to control their behavior. Typically, this results in arrest and charges of “public drunkenness” or “drunk and disorderly conduct.”
Disorderly conduct is a broad spectrum of behaviors that upset public spaces.
Some of these behaviors include:
Law enforcement officers police this conduct to “keep the peace” or maintain order. The laws around this conduct differ from state to state and even county to county.
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To obtain a conviction for public intoxication, three elements are required. A prosecutor needs to prove that the defendant:
Most states treat public drunkenness as a misdemeanor (except for Texas, where it’s potentially a crime). In other jurisdictions, it’s an ordinance violation when proven by a significant amount of evidence and tried before the municipal courts.
In some states, you can be charged for public intoxication even if you only appear intoxicated. In contrast, Nevada and Minnesota don’t consider public intoxication a crime.
Typically, the statute specifies a series of sentences, with the maximum penalty increasing as the number of prior convictions increases.
Maximum punishment seldom exceeds 6 to 9 months of incarceration. In many jurisdictions, the only punishment is a fine. In the case of a fine, incarceration is still most often the result since a typical offender must “work off” the fine.
When a person commits their first offense, they are more likely to receive community service or probation—not jail time. A public intoxication charge in certain states may lead to a 72-hour hold at a “sobering facility.”
Depending on city or state law, you can receive a public intoxication charge of:
Keep in mind that you can’t combat a public intoxication charge if you’re also charged with something else like theft, assault, vandalism, or getting a traffic ticket.
Some judges impose informal probation or informal deferral, imposing specific terms that a person must complete within 90 days to dismiss a charge. If you fail to meet their terms, you must plead guilty in court or undergo a trial.
People who plead guilty to a public intoxication charge must perform the following hours of community service:
In addition, community service must be “related to education about or prevention of misuse of substances.”
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A person accused of public intoxication can call and set up a consultation with an attorney.
Here are some points a good defense attorney will bring up in court:
It’s difficult to prove public intoxication in court (unlike a DUI or DWI). This is why law enforcement will likely cite additional charges to ensure a conviction.
Prosecutors will be looking for these additional charges:
If you need to find a good defense lawyer, you should research different firms and criminal defense attorneys and their state’s laws to ensure the best results for your case.
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Fighting a charge you think might be baseless is within your legal rights. You can contest public intoxication charges using the following defenses:
Judges and juries rely heavily on testimonies from arresting police officers, so you’ll have to use evidence to prove your sobriety beyond a reasonable doubt. Your strongest defense would be a blood alcohol test proving sobriety.
If a police officer coerced you from your home and onto the street, you could argue that you were ordered out of a private place. Some private properties where people gather (such as bars and stadiums) are public.
It’s best to determine a concrete definition of “public places” with an attorney.
A person can argue that they were not bothering anyone or demonstrating disruptive/violent behavior. You may support this by having witnesses or testimonies when you were apprehended.
A person under the influence of prescription medication (such as morphine or laughing gas after a recent surgical or dental procedure) can present this evidence to a judge to overturn a charge.
If your defense is successful, a judge will place you on deferred adjudication, under which you can apply to have your record expunged.
If the arresting police officer didn’t follow proper legal procedures, such as reading a person’s Miranda rights, you could argue improper procedure in court.
Public intoxication’s status as a crime varies from state to state in the US, with most classifying it as having a BAC above 0.08%. Public intoxication remains a legal offense in many social circles, from nations to local communities.
Pleading guilty to a public intoxication charge can lead to hefty fines, several months of community service, or incarceration.
If you’re dealing with a public intoxication charge, you may consult a legal professional in your state. Doing so will help you navigate state-specific public intoxication laws and procedures to win your case.
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