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These include the following. Public intoxication laws require that the defendant be in a public place, rather than a private residence or other area that is not open to the general public.
Examples of public places include sidewalks, streets, stadiums, and parks. In some states, bars and restaurants are considered public places because they are open to the general public. Additionally, some state public intoxication laws punish intoxication that occurs in areas where the defendant is on private property but without the permission of the owner, even though these areas are technically "private.
Many public intoxication laws require that the defendant be under the influence of alcohol, illegal drugs, a controlled substance, or other intoxicant including inhalants such as paint thinner or glue.
People whose behavior is traceable to the influence of a prescribed medication are not guilty of public intoxication. How the prosecution proves that one or a combination of the substances mentioned above accounts for the defendant's apparent intoxication is another matter, however.
States rarely require proof by means of a chemical test, such as a blood alcohol test. Instead, the testimony of the arresting officer and any others present as to how the defendant behaved and appeared can be sufficient to enable the jury to conclude that the defendant was intoxicated. Some states do not even require that defendants actually be intoxicated; rather, that they only appear to be. Most public intoxication laws require that the defendant created some kind of disturbance, such as injuring other persons or harming property, or posing a threat to his own safety.
This element exists to prevent law enforcement officers from arresting someone who has had some alcohol, but is not creating a problem. However, in most states, the definition of "disturbance" is very broad—some states include actions such as blocking sidewalks or using offensive language.
Further, if an officer believes that a person's intoxication is posing a threat to that person's own safety, he may be taken into custody and charged with this offense. The consequences for those convicted of public intoxication will depend on how the state or municipality has classified the behavior—as a crime or a medical condition. There are several potential defenses to public intoxication charges.
Most of these focus on showing that there is little or no evidence to support one or more of the elements of the offense, as explained above. Some common examples are explained below. Not intoxicated. A defendant may argue that he was not intoxicated at the time of the arrest. But because juries and judges tend to believe the testimony of the arresting officer, this defense can be hard to substantiate unless the defendant has concrete evidence such as a blood alcohol test showing that he was not intoxicated.
No harm, no foul. A defendant may also introduce evidence to show that he was not causing a disturbance or actual or potential harm to himself or others. For example, witnesses may be called to show that the defendant was not bothering anyone or anything.
Not a public place. Another potential defense is showing that the arrest was not made in a public place, or that the defendant was involuntarily in a public place at the time of arrest.
After attending a raucous bachelorette party in a club, Jenny walks outside and tries to hail a passing cab. Signs that Jenny has been drinking are obvious—she smells of alcohol, her eyes are bloodshot, and her speech is slurred and unusually loud. Yet she remains standing on the sidewalk while waiting for a cab and does not interfere with other passersby. Jenny is probably not guilty of public intoxication.
States that have public intoxication laws generally impose fine-only and low-level misdemeanor penalties. Here are some examples. In Texas, the law makes it a class C misdemeanor to be in public and intoxicated to the degree that one could harm oneself or another. Pennsylvania makes it a summary fine-only offense to be publically intoxicated to the degree that the person may endanger persons or property or annoy others in the vicinity.
Indiana has a similar law but it requires that the person be a danger to him or herself or another, breach the peace or be really close to doing so , or harass or annoy another person. In most states, disorderly conduct and public intoxication are considered misdemeanors and are punishable by fines, alcohol education programs, community service , probation , and jail sentencing of less than one year of incarceration—although any jail sentence that's handed down is usually much shorter, and in many cases, incarceration can be avoided altogether.
For everything you've ever wanted to know about the criminal justice system—from searches to sentencing—get The Criminal Law Handbook , by Paul Bergman and Sara Berman Nolo. And, if you need more personal help after an arrest or other run-in with the criminal justice system, use Nolo's trusted Lawyer Directory to find an experienced criminal law attorney near you.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Disorderly Conduct and Public Intoxication. Learn about the crimes of disorderly conduct, public intoxication, and disturbing the peace, and the possible punishment that goes with them.
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