What Is Public Intoxication: And Do I Need a Public Intoxication Attorney

As the word is not defined in the Longshore Act, the initial inquiry in this paper is what constitutes intoxication? Do we look to state driving laws and regulations dealing with driving while intoxicated or driving under the influence? Should we look at state laws or local ordinances pertaining to public intoxication? As Section 3(c) provides that compensation can be denied on the ground that the injury was occasioned solely by intoxication, the definition of intoxication becomes very important. Is the test an objective one? Or is it a subjective test based on the perceptions of eyewitnesses. If objective, is, for instance, a violation of the state blood-alcohol level for driving a motor vehicle, a per se violation of Section 3(c). If subjective, do we require that the eye witnesses testify as to the various levels of drunkenness, such as the merry, the affectionate, the pugnacious, the suspicious, the lachrymose, the somnolent and, finally, the out-cold state?