Public intoxication, also known as "drunk and disorderly" or "drunk in public," is a crime in which a person is visibly intoxicated in a public place to the extent that they may endanger themselves or others, or create a public disturbance. The specific laws regarding public intoxication vary by jurisdiction, but in general it is illegal to be drunk in public or to be drunk and disruptive in a public place. It is important to note that a person can be charged with public intoxication even if they are not actually drunk, but simply appear to be so to a police officer or other observer.
Drunk and Disorderly
"Drunk and disorderly" is another term for public intoxication, which refers to the crime of being visibly intoxicated in a public place to the extent that you may endanger yourself or others, or create a public disturbance. The specific laws regarding public intoxication vary by jurisdiction, but in general it is illegal to be drunk in public or to be drunk and disruptive in a public place. It is important to note that a person can be charged with public intoxication even if they are not actually drunk, but simply appear to be so to a police officer or other observer.
Elements of Public Intoxication
There are several signs that a person may be intoxicated, including:
Keep in mind that these are only some of the signs that a person may be intoxicated, and that the appearance of intoxication may vary from person to person. Ultimately, it is up to a police officer or other observer to determine whether a person is visibly intoxicated based on their observation of the individual's behavior and appearance.
In general, a "public" place is any location that is open and accessible to the general public. This can include streets, sidewalks, parks, and other outdoor locations, as well as indoor locations like stores, restaurants, and other businesses that are open to the public. Some examples of places that are typically considered to be "public" include:
It is important to note that the specific definition of "public" can vary by jurisdiction, and that certain places that are open to the public may be exempt from public intoxication laws. For example, private residential property is generally not considered to be a "public" place for the purposes of public intoxication laws.
Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.
