The charges for drunkenness in public, often called “drunk and disorderly”, constitute a charge legal that alleges that a person is visibly drunk or under the influence of drugs in public. Usually, it is a misdemeanor under state law and local.
The laws against drunkenness in public exist to prevent people from disturbing others in public and to avoid that the people seemingly unable to control damage to themselves or others.
Public intoxication: basic Elements of the criminal charge
By definition, a charge for public intoxication has a number of elements, all of which must be met, including the following:
1. you appear to be
2. drunk or drugged, and
3. it is in public.
Many states also require prosecutors to demonstrate that you seem to be so out of control that does not seem to be able to take care of itself or that it poses a threat to the safety of others.
If you leave a bar or restaurant, seemingly drunk, boisterous, behaving in a way that is lewd or insulting, it is very likely to be arrested by local police on charges of public intoxication.
In many states, the offences for drunkenness in public, not even require that you be drunk to be convicted of the charge. You simply have to pretend to be drunk or drugged, even if that is not the case.
Your behavior and your conduct will be a key component of the charges.
Another key element of any charge for drunkenness in public is that you really must be in public. What is it that makes a place public? Are you in a place of government property? Is it a private facility where people gather to meet, how to a sports stadium or shopping centre, or it is a private property that you own and is outside of the view of your neighbors?
There is No legal definition only on the public place. The determination of the public or private nature of the place where you received the charge for drunkenness in public is the kind of issue that courts examine in cases of public intoxication.
Public intoxication: Defenses and exceptions
If it is accused of being drunk in public, your attorney may be able to put into play some legal defenses. These are some of the defenses to the charges for drunkenness in public:
- You are not drunk and are not acting as if I were
An affirmative defense to the charges of being drunk and causing a disturbance is not behaved quite drunk in public. You can argue that their outrageous conduct was due to the excitement about a promotion, or the joy that their team won a sporting competition. The burden of proving this defense rests on the person accused of a crime.
- Drunkenness in public is not a crime for that quote
Some communities do not have laws against public intoxication. States such as Nevada, Montana, and Missouri does not criminalize public intoxication. The city of Milwaukee allows you to be drunk in public, although other municipalities in Wisconsin prohibit it.
- You are cited for public intoxication while in a private place
Being convicted on charges of public intoxication requires you to be in public. If you are not in public, then lack an essential element of the crime. If a police officer tells you to exit to a public place and then cited for public intoxication, you may be able to raise this defense.
Charges for drunkenness in public – Your legal rights
If you or a loved one are accused of being drunk in public and cause unrest, may be able to defend themselves, and to object to the indictment before a court.
It is very important that you contact a lawyer or specializing in cases of driving under the influence of substances, to know how it can help you or your family.
These are some of the statutory factors that a defense attorney on charges of public intoxication can review with you:
1. if you or your loved ones, given the particular facts of your case, actually violated the law, local or state;
2. if the police force that arrested you comply with the law;
3. if your conduct was or is not a criminal violation.
Laws against drunkenness in public – Getting legal help
Know how a lawyer specializing in cases of driving under the influence of substances or a lawyer can help you in causes for public intoxication and disorderly conduct.
To find a lawyer, use the tool “Find a lawyer” on this page, or click here.