The Ins and Outs of Public Intoxication Charges
Public intoxication charges are likely more common than you think, especially in areas where nightlife and events lead to situations where alcohol consumption spills into public spaces. While having a good time isn’t a crime, being intoxicated in public can sometimes lead to legal trouble.
To understand when public intoxication arrests happen, the penalties you could face, and how charges can escalate, talk to a legal professional. Plus, knowing how a Clearwater criminal lawyer can help you fight charges can make a big difference after an arrest.
When Do Public Intoxication Arrests Happen?
Sometimes referred to as disorderly intoxication, public intoxication arrests occur when an individual is visibly intoxicated in a public place and behaves in a manner that could endanger themselves or others. Charges are also possible when the individual is disturbing the peace. Simply being drunk in public does not automatically lead to an arrest, but law enforcement can step in when intoxication leads to disorderly or dangerous behavior.
Common scenarios that lead to public intoxication arrests include disruptive behavior at bars and individuals losing control and causing disturbances at public festivals. In most cases, police officers have discretion in whether to arrest an individual or issue a warning. The actions law enforcement takes will depend on the severity of the behavior.
What Are the Penalties?
In Florida, public intoxication is a second-degree misdemeanor under state law. If convicted, penalties may involve one or more of the following.
- Monetary fines of up to $500.
- Jail time of 60 days or less, depending on the circumstances.
- Probation rather than jail time, with conditions such as community service, alcohol education programs, or counseling.
While these consequences might seem minor compared to other offenses, they can still have a significant impact on your life, especially if they affect your employment or lead to a criminal record.
Also, it is possible for charges to escalate if the individual’s behavior involves other criminal activity. For example, if someone physically resists an officer during a public intoxication arrest, they could face additional charges. Further disruption such as fighting or damaging public property while intoxicated can lead to more serious charges as well, like assault or vandalism.
Facing public intoxication charges can feel overwhelming, but an experienced Clearwater criminal lawyer can help you navigate the legal process and potentially reduce or dismiss the charges. To start, your lawyer will review the circumstances of your arrest to determine whether law enforcement had a valid reason to arrest you. In some cases, the arrest may be based on insufficient or unreliable evidence, such as a subjective opinion of your intoxication level.
Next, legal professionals can work with the prosecution to negotiate reduced charges or alternative penalties, such as alcohol education or community service in lieu of jail time. And if your case goes to trial, a skilled attorney can present a strong defense, challenging any unlawful arrest procedures or lack of evidence.
Should you push back against a disorderly intoxication charge? Share your story with the attorneys at King Law Group to explore next steps. Schedule your confidential consultation today.