Public Intoxication

Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor, and in some states, alcoholism is a defense if the offender agrees to attend a treatment program. Seek help if you or someone you know may be an alcoholic.

Also known as 'drunk and disorderly conduct', public intoxication is hazardous to the both the offender and those in his environment. However, being intoxicated in public is not enough for an arrest to be made. The offender must fulfill one of three criteria to be arrested for 'drunk and disorderly conduct'.

Criteria for a Public Intoxication Arrest:

• Causing a public disturbance
• Being dangerous to those around
• Being a threat to the well being of oneself

Most people arrested for public intoxication are taken to jail until their sober up. A fine is usually issued the following morning when they are let out. More severe punishments will be issued if violence, damage, or injury to others occurred.

Public intoxication, drunk and disorderly conduct, or public nuisance crimes do not fall under the jurisdiction of the federal government.  The Constitution of the United States relegates this judicial responsibility to the individual states.  Each state has their own set of laws designed to deal with this issue and consequently the laws and punishments vary broadly from one state to the other.  If you have been charged with public intoxication, drunk and disorderly conduct, or a public nuisance crime you need professional local legal advice and counsel.

Updated: JV

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Have you or someone you know been charged with public intoxication? If so, contact one of our drunk driving lawyers in your area today!