Thank you for your question, and your patience while I found the appropriate statute.
Public intoxication is addressed in Title 37, Chapter 1, Section 8 of the Oklahoma Statutes, copied below:Any person who shall, in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by the Oklahoma Alcoholic Beverage Control Act, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance, or if any person shall be drunk or intoxicated from any cause and shall disturb the peace of any person, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment.
I highlighted the relevant parts for you. As you can see, public intoxication is a misdemeanor, and the penalties are minor, a fine of between $10-$100, and possible jail time between 5-30 days, or both. Quite honestly, I would not expect you to receive more than a fine, especially if this is a first offense.
I understand being worried, and maybe a little scared after spending a night in jail, but if this was a major crime, you wouldn't have been released on your own recognizance, either. Really this was just a mistake in judgment on your part. It easily could have been someone else, last night it was you.
As for needing a lawyer, you probably don't in this situation. You could probably show up, and try to plea no-contest and ask for a withhold of adjudication (withholding of guilt). This way, there will be no finding of guilt on your record, and you may be able to expunge your record later.
That being said, it certainly would not hurt you to at least talk to a local criminal
defense attorney, just to see what they have to say. There may be defenses available to you in this situation, or they may be able to work out a different deal for you. Typically, attorneys with 1-5 years experience offer lower fees, and some offer free consultations as well.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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