There are several areas where you can legally drink alcohol even though many people could consider it public, including car shows, concerts, golf tournaments, and many other festivals with licenses that permit people to consume alcohol while on their premises. However, drinking any alcoholic beverage off these premises is illegal in the eyes of the law because their licenses do not extend past certain geographical boundaries.

That means people at these events should dispose of their alcoholic beverages before leaving these premises. While public intoxication is not a crime, some behaviors or acts you can commit if you are drunk can attract criminal charges, for example, disorderly conduct and endangering other people's safety.

In addition to the potential legal repercussions that could follow a conviction, the stigma associated with these offenses could negatively affect several aspects of your life, including your personal and professional relationships.

Therefore, educating yourself about the potential legal ramifications of offenses related to public intoxication is a wise idea, even if you are not in police custody or under arrest for a crime involving public intoxication. However, a skilled attorney can help you understand your legal options for the best possible outcome if you are under investigation or charged with a public intoxication-related offense.

Legal Definition of Public Intoxication

An “intoxicated person” is any person whose physical and mental functioning and capacity are substantially impaired by the immediate impacts of alcohol or other drugs in his/her system.

According to Arizona Revised Statute (ARS) 28-1381, you are intoxicated if your blood alcohol concentration (BAC) level is 0.08% and above. As the name suggests, public intoxication is when an impaired or intoxicated person shows up in any public space.

Thankfully, it is not specifically illegal to be drunk in public. Instead of imposing a legal penalty on people for public intoxication, ARS 36-2026 advocates and encourages the treatment and rehabilitation of intoxicated individuals.

If you are intoxicated in any public space, a peace officer or any other individual could take you to any local alcoholism reception facility for emergency assessment and treatment. That is particularly true as long as:

• You inflicted physical injury on yourself or others
• You are under the influence of alcohol

While public intoxication is not chargeable and punishable as a standalone offense, the effects of being intoxicated could attract criminal charges. For example, if you are drunk or otherwise intoxicated, you could find yourself in trouble with the law when you do the following:

• Engage in any disorderly conduct in public, also known as disturbing peace
• Trespass or enter other people's property without permission
• Drive under the influence
• Urinate in public
• Resist a police arrest

If you are under arrest or investigation for a public intoxication-related offense, retaining the services of an attorney is key to effectively challenging the allegations for the best outcome.

Legal Penalties for Offenses Involving Public Intoxication

Since every case is unique, the possible punishment you could receive for a public intoxication-related offense will vary. The prosecutor will file your case as either of the following, depending on the particulars of your unique case:

• A Class 1 misdemeanor, which carries a maximum six-month jail sentence if found guilty
• A Class 2 misdemeanor, which carries a maximum four-month jail sentence upon conviction
• A Class 2 misdemeanor, which carries a maximum one-month jail sentence upon conviction

With appropriate mitigating arguments, your attorney could convince the court to award you a lighter sentence like probation or parole instead of jail time. However, if you are an excellent candidate for probation, the court will require you to comply with specific conditions and terms during the probation period:

• Stay arrest-free.
• Perform community service
• Abstain from alcohol and other drugs
• Enroll in a drug and alcohol counseling program
• Consent to regular check-ins with a court-appointed probation officer
• Agree to regular drug tests

If you are guilty of a serious offense like disorderly conduct, your conviction will also appear on your criminal record, affecting your housing applications, employment opportunities, and other aspects of your life.

Best Legal Defenses to Public Intoxication-Related Charges

Your attorney can use various legal defenses to challenge a public intoxication-related charge at trial. The specific legal defenses that will apply to your unique case will depend on the facts of your case. The following are a few of the most popular and effective legal defenses that could work in your favor if you are under arrest or charged with a crime involving public intoxication:

The Police Did Not Have Probable Cause to Arrest You

If your attorney can satisfactorily prove that the law enforcement officer arrested you without probable cause that you committed an illegal offense, like drunk driving, the court could drop or reduce your charges.

You Did Not Commit Any Act That Qualifies as Disorderly Conduct

Most people who consume alcohol in public spaces often commit an offense known as disorderly conduct, chargeable and punishable under ARS 13-2904. Examples of acts that could attract disorderly conduct charges under this statute include making screams and fighting other people.

Therefore, to successfully challenge a disorderly conduct charge, your attorney can argue that you did not engage in any prohibited act under ARS 13-2904.

No Statute Illegalizes Public Intoxication

Sometimes, the only solid evidence the prosecutor has to offer in court is proof that you were intoxicated in a public space. However, as mentioned in the previous sentence, it is not illegal to be drunk in public. That means your defense attorney can challenge the allegations you are up against by arguing that public intoxication is not a crime.

You Did Not Have the Criminal Intent to Disturb the Peace

You could receive a favorable outcome if your attorney can convince the court that you had no criminal intent to cause any public disturbance. For example, if your attorney can argue with adequate evidence that you did not intend to cause public disturbance, even if your behavior or conduct was due to alcohol intoxication.

You Have a Freedom of Speech

If your charges are based on what you said while under the influence of alcohol in public, this defense argument could work to your advantage to secure the best possible outcome. According to the Constitution's First Amendment, every citizen has freedom of speech.

Your Behavior Was Due to a Medical Condition

Your attorney can argue that the perceived disruptive behavior or alcohol intoxication was due to an existing medical condition or medical emergency. With proper evidence, including medical-related evidence from a licensed medical practitioner, the court could drop or reduce your charges.

The Intoxication Was Involuntary

You would not be guilty of any criminal offense that involves public intoxication if you were involuntarily intoxicated. That means if it were not due to someone else's coercion or threats, you would not have consumed the alcohol. With proper evidence, this defense argument could work in your favor to secure a favorable outcome.

The Prosecutor's Evidence Against You is Insufficient

Like any other criminal offense, without sufficient evidence to prove the allegations you are up against are true, the prosecutor cannot secure a conviction against you at trial. If the prosecutor lacks sufficient and clear evidence to prove the allegations you are up against are true, the court will likely dismiss or reduce your charge to a lighter offense.

Helpful Tips for Dealing With Public Intoxication-Related Charges

The steps you will take if you are under arrest or investigation for an offense related to public intoxication can mean the difference between incarceration and going free without a criminal record. The tips explained below can increase your chances of securing a favorable outcome when charged with any public intoxication-related offense:

Keep Your Cool and Stay Cooperative With the Officers

When you see law enforcement officers approaching in a public space, and you are intoxicated by alcohol or any other drug, you should remain calm and cooperative with them. Arguing with officers or resisting an arrest could escalate the situation, leading to more serious consequences upon conviction.

Understand Your Constitutional Rights

Being a suspect in a criminal investigation can be frightening, but you have your constitutional rights. Even though you are confident the allegations you are up against are untrue, you do not have to explain your side of the story to the officers since anything you decide to disclose to them can apply against you at trial.

If you are under arrest or investigation as a suspect in any criminal offense, you have a legal right to stay or remain silent. When the officers insist you answer their tricky questions, you should politely tell them to speak with your attorney.

Seek the Services of an Attorney

Hiring a skilled attorney as soon as possible if you are under investigation or charged with a crime that involves public intoxication could help. Aside from helping you understand your legal rights, your attorney can help you evaluate your case's facts and prepare suitable defenses to help you secure a favorable outcome.

Adhere to Your Attorney's Advice

Ensure you comply with all your attorney's legal advice, especially those that pertain to your court appearances and pretrial release conditions. If you do not know what to do or not do when you are under investigation or charged with any public intoxication-related offense, you should consult with your attorney for clarification.

Crimes Related to Public Intoxication

As mentioned in the previous sentence, being under the influence of alcohol in public is not illegal, but its influence can make you commit several offenses. In connection with public intoxication, the prosecutor could file any of the following common offenses against you:

Trespassing

According to ARS 13-1504, trespassing is the offense you commit when you do the following:

• Knowingly enter another person's property or premises without his/her consent or permission
• Illegally remain on another person's property or land without his/her permission

If you are under arrest or charged with a trespassing offense, you cannot argue that you were under the influence voluntarily to secure a dismissal of the case or a lighter sentence.

Minor in Possession

According to ARS-4-244(9), you commit the crime of minor in possession when you carry alcohol in a public space and you are under twenty-one (21) years of age. This law also prohibits an underage person from receiving, buying, or consuming alcohol.

However, it is worth noting that, unlike any adult, if you are a minor, the prosecutor can file criminal charges against you under this statute if you are under the influence of alcohol in public. That means if a police officer has probable cause to believe you are intoxicated by alcohol in a public space, and you are under 21, he/she can arrest you.

Indecent Exposure

You commit the crime of indecent exposure when you expose your private parts or genitals (penis, anus, vagina, or breasts) in a public space or anywhere where non-consenting people are present. Depending on the facts of your case, the prosecutor could file indecent exposure charges under ARS 13-1402 as either:

• A Class 3 felony offense when the victim is aged below fifteen (15) years
• Class 6 felony offense if you have a past indecent exposure conviction on your record
• Class 1 misdemeanor offense if the victim is a person aged fifteen (15) years or older

Aside from the possible lengthy jail time and hefty fines, if you are guilty of an indecent exposure offense, you will have to comply with a legal obligation to register as a sex offender, which can negatively affect your life’s quality after serving your sentence.

Find a Defense Attorney Near Me

Being convicted for a crime involving public intoxication can attract serious and life-altering consequences, including hefty fines, jail time, and a permanent criminal record, which can negatively affect several aspects of your life. If you are under investigation or charged with a crime that involves being under the influence in a public space, retaining the services of a competent and seasoned defense attorney is key.

We invite you to call our skilled attorneys at Phoenix Criminal Attorney at 602-551-8092 if you or your loved one needs legal representation to challenge a public intoxication-related offense for the best possible outcome.