Public intoxication is the condition of being intoxicated in a public place. When an individual consumes too much alcohol or other substances that impair their judgment and make them unable to safely handle their safety or those around them, that is considered public intoxication.
If you see someone acting irrationally or aggressively in public, for example, throwing objects around, making threats against others, or becoming violent with others, then it’s likely that they are intoxicated and need medical attention immediately.
Public intoxication is a misdemeanor in most states. If you are convicted of public intoxication, the court may impose a fine or a jail sentence. A conviction for public intoxication is generally taken very seriously by judges and law enforcement officers.
What Next After Being Charged with Public Intoxication?
The first thing to do is to talk to an experienced criminal defense lawyer from Trey Porter Law. The law for public intoxication varies from state to state and can be very complex. A good criminal defense lawyer will know the law in your state and can advise you on the best way to handle your case.
Below are ways a criminal defense lawyer can help you if charged with public intoxication.
Protect your interests and rights
If you are charged with public intoxication, your criminal defense lawyer will work to protect your interests and rights. They will try to get the charges reduced or dropped altogether. You may also get probation instead of jail time if your criminal history points are good and you have had no prior convictions for public intoxication in the past five years.
Help you navigate the legal system
A criminal defense lawyer will help you navigate the legal system so that it works in your favor. They can explain how to deal with police officers, prosecutors, judges, and juries; what evidence is admissible in court; and how to present a strong case for yourself at trial. As part of this process, a criminal defense lawyer will research cases similar to yours and see what strategies have worked for other clients in similar situations.
Get your record expunged
A criminal defense lawyer will ensure that your criminal record stays clean. If you have a public intoxication conviction, you may be able to get your record expunged, which means that it will not show up on background checks or other public databases.
Fight the charges
If prosecutors want to charge you with a crime, they will do so in court and present evidence against you. A criminal defense lawyer can help you fight any charges that may be filed against you, including public intoxication and resisting arrest.
Challenge the arrest
They will achieve this by showing that there were extenuating circumstances behind your actions. This is especially important if the officer who arrested you did not have enough evidence for an arrest or if they were overly aggressive in their approach to dealing with drunk people in bars or nightclubs, as this can lead to excessive force being used against them during an arrest situation.
Key Takeaway
If you have been charged with public intoxication, contacting a criminal defense attorney as soon as possible is important. Public intoxication is a relatively common crime but can also be charged as a misdemeanor or felony, depending on the circumstances of your arrest.