The policy behind public intoxication laws is to prevent individuals who have become intoxicated with alcohol or other impairing substances from harming themselves or others, as well as ensuring that the impaired individual does not disturb the peace. This is also known as a disorderly conduct charge, which often accompanies a charge of public intoxication, or a charge of “public drunkenness.”
In order to be convicted of public drunkenness or public intoxication under Pennsylvania law, the prosecutor for the State has to prove:
- That you were in a public place;
- That you were clearly under the influence of alcohol or another controlled substance; and
- That you were at risk of endangering yourself or others, endangering property, or annoying people in the vicinity.
All three of these elements must be proven in order for you to be convicted. Having the assistance of an experienced Philadelphia criminal defense attorney means that you have a much better chance at demonstrating to the judge that the prosecutor cannot prove at least one of the elements required for a conviction of public intoxication.
Public Place: First, the prosecutor has to prove that you were in a public place. In many cases, this is an easy question to answer — if you were on the sidewalk or in a parking lot, for example. However, that question may be more complicated if you were arrested while leaving a private place, or if you were asked to step into a public space and then were arrested. Your attorney will help you argue that the prosecutor cannot prove this element if there is a question as to whether you were in a public place when you were arrested.
Under the Influence: The prosecutor then has to prove that you were “manifestly under the influence” of drugs or alcohol. This means that a defendant can argue either that he or she was not in fact legally under the influence of drugs or alcohol at the time of the arrest. Alternatively, a defendant can argue that he or she was not “manifestly” intoxicated; in other words, that he or she was not showing obvious signs of intoxication at the time of the arrest.
Risk of Endangering Yourself or Others or Annoying Others: Finally, the prosecutor must prove that you were intoxicated to such a degree that you may have caused harm to yourself or others or to others’ property, or that you were annoying others in the area. Your Philadelphia public intoxication attorney will help you demonstrate that you were not in fact at risk of causing harm to yourself or others, or that no one was annoyed or disturbed by your behavior.
In addition, your attorney can help you pursue a strong defense if you were taking drugs for medical purposes because you were prescribed the drugs by a doctor.
The law does not take charges of public intoxication lightly. If you have been arrested for public drunkenness and/or disorderly conduct, you will be facing a misdemeanor charge under Pennsylvania law. Some people do not appreciate the seriousness of a misdemeanor charge. Because it goes on your record, it will be accessible by employers, and it may be considered relevant if you get into trouble with the law at another time.
You will also face a fine of no more than $500 for the first offense, and no more than $1,000 for subsequent violations. This is not a small or insignificant sum for most people, and you should know that you have the right to defend yourself against a charge of public intoxication. The police may expect most people to simply pay the fine, but with an experienced and qualified Philadelphia public intoxication lawyer assisting you with your case, you can fight your charge and defend yourself in court. If you have been arrested for and charged with public intoxication, contact our offices right away so that we can schedule a free initial consultation and begin preparing your defense.
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