Arrested For Public Intoxication? Here Is What You Should Know

If you are out in public while you are intoxicated, you might soon find yourself in the back of a police car. While this is usually a minor crime, you should still be aware of the potential consequences of your arrest and what the next steps are. Here are some things to know about being arrested for public intoxication.

Arrests Are Usually the Result of a Disturbance

While some states do have laws about the simple act of being in a public place and clearly under the influence, often this is not enough to arrest you. In many cases, you need to have been causing a disturbance as a result of the public intoxication. For example, if you were drinking in a bar, then began walking down the street while intoxicated, destroying property or yelling obscenities due to being under the influence, you may get arrested for that. However, if you are stumbling from a restaurant to a taxi, that isn't usually grounds for an arrest.

You May Be Released When You Are Sober

Some locations will arrest you if you are intoxicated in order to keep you and others safe and free from the disturbance, but you only spend the night in the holding cell. It is common to let you go the following morning as long as you were not committing a misdemeanor at the time, such as drinking and driving or intentionally harming an individual.

Punishments Vary Based on Location and Other Details

The details surrounding the arrest and where you live make a big difference in what the punishment might be. For example, you might not have caused any harm to others or committed other crimes in addition the public intoxication, in which case the judge might simply ask that you pay a fine or complete community service. However, if you have been arrested multiple times for the same issue and you were also found to be driving while under the influence, it might mean jail time.

Getting a Lawyer is Recommended

In most cases, it is a good idea to hire a criminal lawyer if you are arrested for public intoxication. While you might not get a serious punishment like jail time, the lawyer can still help with your case. Perhaps you were not willfully intoxicated, in which case you should not have been arrested. The lawyer can also help to reduce the sentence, such as getting your sentence down to low fines instead of having to do community service.

For more information, contact a local firm like LaCross & Murphy, PLLC.