What is Public Intoxication?

Posted by Corey L. Scott | Jul 06, 2022 | 0 Comments

In Indiana, public intoxication (commonly called "drunk and disorderly") is defined in state law under specific conditions. There are three elements to the crime of public intoxication: That the defendant was intoxicated, that the defendant endangered the person or property of another, and the defendant acted in a manner that annoyed or disturbed another person.

The first element–that the defendant was intoxicated–has two prongs. The first prong is that the defendant must have consumed an alcoholic beverage, controlled substance, or other drugs. The second prong is that as a result of said consumption, the defendant's mental or physical faculties were adversely affected to a noticeable or substantial degree.

The second element requires that the defendant endangered the person or property of another. This means that the defendant's intoxication must have placed another person in danger of bodily injury. Fighting and other violent acts usually define said element.

The third element requires that the defendant acted in a manner that annoyed or disturbed another person. This means that the intoxicated person must have behaved in a way that would have been annoying or disturbing to a reasonable person or the public. Merely being intoxicated in public is not enough to satisfy this element. In the case of public intoxication, law enforcement agents have the option of arresting a person or issuing a citation and transporting him or her home or to a safe location.

What are the Penalties for Public Intoxication?

Public intoxication is a Class B misdemeanor in Indiana. The maximum penalty for a class B misdemeanor is 180 days in jail and a $1,000 fine. In addition to the potential jail time and fines, a conviction for public intoxication will go on your criminal record. A criminal record can make it difficult to find a job, housing, or get into school.

Can a Lawyer Defend My Public Intoxication Charge?

A lawyer may be able to get your charges reduced or dismissed altogether. Some defenses to public intoxication include:

  • That the defendant was not intoxicated
  • That the defendant did not endanger the person or property of another
  • That the defendant did not act in a manner that annoyed or disturbed another person

Having the assistance of a seasoned lawyer from our firm can make all the difference in your case.

What Should I Look for in a Criminal Defense Lawyer?

When you are looking for a criminal defense lawyer, you should look for someone who has experience in the area of law that pertains to your case. You should also look for a lawyer who is communicative and easy to work with. Most importantly, you should feel comfortable with your lawyer and be able to trust them with your case. Our firm has lawyers with all of these qualities and can help you with your public intoxication charge. Call us today at (317) 623-4546 to schedule a consultation.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.

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