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Public Intoxication Defenses

Public Intoxication

What is Public Intoxication?

Public Intoxication is defined as the act of being inebriated, also known as ‘drunk’ or intoxicated, within a public setting. Within a charge of Public Intoxication, many factors can exist that further classify specific activities latent in any alcohol-related charge, such as the illegal sale of alcohol to a minor or driving under the influence of alcohol. While crimes of this nature can be classified as Public Intoxication, the traditional charge of Public Intoxication commonly includes public drunkenness in a forum neither suited nor designated for the consumption of alcohol.

Drinking Establishments and Public Intoxication

Patrons of legal and lawful establishments that permit the consumption of alcohol on their premises doing so in a legal and lawful fashion may not be subject to Public Intoxication charges in the event that they adhere to any and all established guidelines. The removal of alcohol or presentation of a drunken state outside of the boundaries of such an establishment can result in a Public Intoxication charge.

Public Setting vs. Private Setting

A public setting is classified as any setting which individuals of all ages inhabit that comply with legal statutes of accepted morality and proper behavior. This differs by locale and applicable legislation. A private setting is defined as a personal and private forum in which an individual is free to act according to their respective discretion with regard to legal or lawful behavior. Public Indecency is defined as the presumed immoral, unethical, objectionable, or offensive behavior displayed in a public setting.

Public Intoxication Offense Profile

1. Legal Jurisdiction: Criminal Law, Child Law, and Family Law

2. Type of Crime: Typically, this is a Misdemeanor

3. Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province

4. Range of Punishment(s): Fines, probation, associated penalties, or temporary incarceration – varies upon case details

5. Duration of Punishment(s): Varies upon case details

6. Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. In cases in which an individual is apprehended for Public Intoxication, they may be subject to temporary incarceration in a holding cell in a local or State facility until the individual in question is no longer considered to be intoxicated. Subsequent charges and trials may follow the release.

The Preparation of a Public Intoxication Defense

In the event that an individual has been arrested on a Public Intoxication charge, they are encouraged to observe the behavioral protocol of the arrest process. Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on Public Intoxication legality. In the construction of a defense, the individual may be asked to provide the following:

• The nature of the Public Intoxication charge in question

• The event in which the alleged public intoxication took place

• Any previous arrests and/or convictions

Evidence and witness testimony

• A detailed account of the details surrounding the event in question

• The inclusion of the name(s) of individuals involved

• The arrangement for bail or bond.

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