Public intoxication laws are there to stop people who are under the influence of drugs and alcohol from disturbing the peace or causing harm to themselves or other people. Public intoxication is a misdemeanor offense, and someone can only be charged with it if they are visibly under the influence in public.
How to Prove Public Intoxication
The prosecutor needs to prove the following three elements in a public intoxication case. They must show the defendant:
- Was in a public place
- Was under the influence of a controlled substance
- Caused harm to someone or a disturbance
What Is Public Intoxication
Public intoxication is a misdemeanor offense, but the regulations are lighter for alcohol than it is for illegal drugs. If the person arrested for public intoxication only is intoxicated by alcohol, then the police officer will detain them in a facility for 72 hours to sober up.
Intoxication is when a person consumes enough drugs or alcohol to exceed their capacity for reasoning or to act rationally. They would not act in the manner they would if they were not intoxicated. Most state laws set the blood alcohol concentration limit for public intoxication or DUI is 0.08%. Public intoxication is illegal, even if you are old enough to legally drink.
What Is Illegal While Drunk?
It is illegal to drive or walk in the road and street while drunk. It is not illegal to walk around while drunk as long as you stay on the sidewalk.
Legal Defenses For Public Intoxication
Public intoxication has the following legal defenses:
- That you were not drunk and not acting drunk – You could claim that your behavior was due to excitement of some kind. You have the burden of proof to prove this legal defense, so you need to provide compelling evidence to support it.
- You were not in public when you were charged for public intoxication – If you were in a private place when you were cited for public intoxication, then you can use this defense. This includes if you were in a private place and the police officer ordered you to enter a public place before citing you for public intoxication.
- Public intoxication is not a crime in the jurisdiction where you were charged – Some states and cities do not have public intoxication laws. If this is the case, then you cannot be convicted of public intoxication.