Public intoxication laws, often referred to as laws against “drunken or disorderly conduct,” vary significantly from state to state. Here’s an overview of how different states handle the offense, its associated penalties, and potential defenses one could raise.
How States Address Public Intoxication
- Public Intoxication as a Crime:
In some states, public intoxication is treated as a misdemeanor crime, subject to fines, probation, jail time, and sometimes community service. These states view public intoxication as harmful to society, so it is often prosecuted under specific laws for intoxication or as part of a broader disorderly conduct statute. States may also have diversion programs that direct first-time offenders toward treatment rather than punishment. - Public Intoxication as a Public Health Issue:
In other states, public intoxication is seen as more of a health concern, especially in chronic cases. These states may divert individuals to detox centers or treatment facilities rather than punishing them criminally. For instance, states like California require intoxicated individuals suspected of being drunk only (not using drugs) to be taken to a sobering facility rather than jail. - Public Intoxication as a Local Issue:
Some states do not have statewide public intoxication laws but allow local governments to enact ordinances. Even where no such law exists, intoxicated individuals can still face arrest if they engage in other illegal behaviors, such as vandalism or fighting.
Elements of Public Intoxication Offenses
- Intoxicated in Public:
Public intoxication laws typically require that the person be in a public place, such as streets, parks, or bars. Some states consider bars and restaurants public places even though they are private businesses because they are open to the general public. - Under the Influence of Alcohol or Intoxicating Substances:
Most public intoxication laws require the individual to be visibly under the influence of alcohol, illegal drugs, or controlled substances. While blood alcohol tests are rarely used, an officer’s testimony about the person’s behavior and appearance is often sufficient evidence. - Causing Disturbance or Harm:
Most states require that the individual’s behavior cause a disturbance or pose a threat to themselves, others, or property. This could include actions like blocking sidewalks, using offensive language or appearing to be a danger to oneself due to intoxication.
Penalties for Public Intoxication
- Criminal Penalties:
In states that classify public intoxication as a crime, it is usually a misdemeanor. Penalties can include: - Jail time up to one year
- Fines ranging from $500 to $2,500
- Probation or community service for first-time offenders
Alternatively, some states may treat public intoxication as an infraction, which leads to smaller fines and no jail time. - Public Health Responses:
Some states, such as Alaska, treat public intoxication as a health issue. Instead of arresting intoxicated individuals, police may escort them home or take them to a detox center. These states avoid creating arrest records for such incidents.
Defenses Against Public Intoxication Charges
Several defenses can be raised, including:
- Not Intoxicated: The defendant may argue that they were not intoxicated at the time of the arrest. This can be challenging to prove, as courts rely on the arresting officer’s testimony.
- No Disturbance or Harm: Evidence, such as witness testimony, may be introduced to show that the defendant was not causing harm or disturbance.
- Not in a Public Place: A defendant may argue that they were not in a public place or were brought into public by law enforcement before arrest.
- Prescription Medication: If the defendant was under the influence of prescribed medication, they might have a valid defense, especially if they were taking it under a doctor’s orders.
Public intoxication laws and penalties depend significantly on the state’s legal approach, ranging from criminal punishment to health-based interventions. Penalties can include fines, jail time, or mandatory treatment, and several defenses may be available depending on the arrest circumstances.
Alex Adekola is a proven thought leader in the reputation management industry who has targeted mugshot publishers since 2012. He is the longest-serving reputation and crisis management strategist and has written extensively on crisis management. He is the creator and director of strategy at Incept Technologies.