What are the Penalties for Public Intoxication?

Many people enjoy having a few alcoholic beverages from time to time, but being drunk in public is against the law. This is called public intoxication.

Basically, a police officer can arrest someone who appears to be intoxicated in public. Signs of intoxication can be subjective, but they typically include being loud and belligerent, stumbling all over the place, or picking fights. A police officer could also arrest someone who’s so drunk that they can’t function.

While this crime is relatively minor, it is important to get criminal defense for this type of crime to protect your future. See how the experienced team at Mette, Attorneys at Law can assist you.

What the Law Says

Public intoxication is defined under Title 18, § 5505. A person is guilty of a summary offense if he appears in any public place under the influence of alcohol or a controlled substance, to the degree that they are endangering themselves or others, annoying people in the vicinity, or

causing damage to property. A controlled substance is one defined in The Controlled Substance, Drug, Device and Cosmetic Act. Exceptions would be those taken under the lawful order of a medical practitioner.

Unlike a DUI charge, state law does not set a minimum level of acceptable intoxication. Your blood alcohol content (BAC) does not matter. It could be 0.03, 0.08, or 1.2. It is a subjective standard requiring a police officer to determine that you were intoxicated in public based on the elements of the law.

The Penalties

Public drunkenness is a summary offense in Pennsylvania, which means it is the lowest type of criminal charge in the state. A citation is typically issued, so it’s not common for a person to be arrested for this crime. However, a police officer may take you into custody if they believe you are a danger to yourself or others.

A person convicted of public intoxication may be ordered to pay a fine of up to $500 for the first violation. For each subsequent violation, the fine doubles to no more than $1,000.

Jail time is rare, although it is possible for a person to be sentenced to up to 90 days in jail.

Community service may also be ordered in some cases. The number of hours required depends on the severity of the offense.

Despite it being a minor crime, a conviction for public drunkenness still goes on your criminal record. It cannot be expunged for five years.

Contact Us Today

Even though public intoxication is an alcohol-related crime, it is not punished as harshly as a DUI. Still, you need to be concerned about this crime being on your criminal record and causing negative effects to your life.

Protect your legal rights with help from a Harrisburg criminal defense lawyer from Mette, Attorneys at Law. We can help you learn more about your case and better understand the charges and legal consequences you are facing. Give us a call today at (717) 232-5000 or fill out the online form to schedule a consultation with our office.