You’ve likely heard that being drunk in public is a violation of the law. A public intoxication charge is often a Class C misdemeanor. This means you could have to pay a fine, with a fine for a first offense being $100.
Of course, people are drunk in public all the time. Say you go to a local bar district where college students are drinking and socializing. Some of them are certainly intoxicated as they walk from one establishment to the next. If you attend a sporting event where alcohol is sold, many people in the crowd are undoubtedly in public while intoxicated. So what determines whether someone is arrested?
Does it have a detrimental impact on others?
The key factor is that public intoxication laws are usually only enforced if the person’s behavior negatively impacts others. If they are clearly under the influence and may endanger someone, including themselves, they could be arrested. The law also states that a person can be arrested if they are so impaired that they “unreasonably annoy” someone near them.
In other words, if a college student is intoxicated while walking from a bar to a restaurant but does so quietly and in a controlled manner, they probably won’t face legal charges. However, if someone is causing a disturbance by yelling at others or threatening to cause property damage such as breaking windows of local businesses—they could be arrested for public intoxication. Their behavior has drawn attention and become detrimental to the public, making it a legal violation.
These cases can be nuanced and complex. If you’re facing a criminal charge, take the time to carefully consider your options. Having legal guidance can help you determine your best course of action and protect your rights.