What Is Public Intoxication?
Travis Scott was recently arrested in Miami for public intoxication because he was under the influence of alcohol and yelling at people. The popular rapper’s brush with the law has a lot of people wondering about public intoxication and just what constitutes an offense. Here's a quick explainer.
What a Public Intoxication Charge Means
Commonly known as drunk and disorderly conduct or public drunkenness, public intoxication is a misdemeanor that punishes those who are visibly drunk in public spaces. Even though prosecutors may present evidence of a defendant's blood alcohol level, how much alcohol a person actually consumed is ultimately irrelevant to prove the criminal offense.
Instead, public intoxication focuses on behavior. Law enforcement looks to a person's demeanor when issuing a citation for public intoxication. Are they acting in a disruptive manner? Are they a danger to themselves or others? This is probably why Travis was arrested — law enforcement felt he was being disruptive and potentially dangerous to others due to the alcoholic beverages he had consumed.
In addition to behavior, the public intoxication must happen in, well, a public place. This is where the law gets a little murky. Jurisdictions and state laws vary as to the definition of public, meaning that it may be possible to be cited when on private property if you're in plain view and the arresting officer observes your actions. This is also where the greatest defense to public intoxication can be found. Whether or not you were actually in public is often up for debate and can possibly provide for a legal defense to the criminal charge.
Penalties for Public Intoxication
Public intoxication laws are enforced, but unless you have lots of priors, a citation rarely ends in significant jail time. You might spend the night in jail, however, and be sentenced with a fine or some community service. The primary intent behind these laws is really to ensure public safety and protect property from an intoxicated person. If you have a public intoxication charge you should speak to a local criminal defense attorney to get legal advice and to help you navigate the situation.
Related Resources:
- Disorderly Conduct (FindLaw's Criminal Law)
- Open Container Law (FindLaw's Criminal Law)
- Public Intoxication FindLaw's Criminal Law)
