{"id":352126,"date":"2023-08-30T17:42:30","date_gmt":"2023-08-30T22:42:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/public-intoxication.html"},"modified":"2023-08-30T17:42:30","modified_gmt":"2023-08-30T22:42:30","slug":"public-intoxication","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/public-intoxication.html","title":{"rendered":"Public Intoxication"},"content":{"rendered":"\n
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What Is Public Intoxication?<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Public intoxication, also called public drunkenness, is a misdemeanor offense. These laws exist to discourage people from disturbing others in public. They also give law enforcement officers a reason to remove people from public spaces who may be a threat to their own safety or the safety of others.<\/p>\n\n <\/div>\n\n\n\n

The crime of public intoxication occurs when people\u00a0are visibly drunk<\/a>\u00a0or under the influence of drugs in public.\u00a0Unlike a DUI offense, which may carry mandatory minimum penalties, public intoxication will often be a minor misdemeanor crime.<\/p>\n

This article describes public intoxication laws and charges associated with them. It also goes over penalties, alternative sentences, and defenses that may be available to the accused. You can consult with a criminal defense lawyer<\/a> to get more direct advice for these charges.\u00a0<\/p>\n

Basic Elements of a Public Intoxication Charge<\/h2>\n

State laws against public intoxication may vary in title and their placement in the criminal code. Some states include this crime in the disorderly conduct statute. Other states may see it as part of the law against disturbing the peace. No matter the exact name, by definition, a public intoxication charge usually has three key elements. All these elements must exist to support a criminal charge. Specifically, the state must show that a defendant:<\/p>\n