How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Legal question
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

Public Intoxication Questions

Public intoxication, also known as being "drunk and disorderly", occurs when a person is under the influence of alcohol in public. Generally, this is a misdemeanor charge. Public intoxication laws were put into effect as a means to remove people who are under the influence from the general public as a safety precaution.

There a few elements that a person must meet before being charged with public intoxication.

1. The person seems to be under the influence of alcohol
2. The person is drunk; and
3. The person is in a public setting.

In some states, in order to be convicted of public intoxication, the prosecutor must prove that a person was out of control, was unable to maintain themselves, and the person presented a threat to themselves and others. Below are a few of the more commonly asked public intoxication questions that have been answered by Experts.

If a person is arrested for Public Intoxication and later bailed out of jail, would this reflect on their record?

Generally, a public intoxication charge wouldn't show up on a background check if the search is for convictions only. However, most employers run background checks that reveal everything on a person's record. So, it is very possible that your arrest and the public intoxication charge would show up on a background check. Concerning employment, you are usually asked if you have been convicted of a felony.

I received public intoxication in Texas, but live in Florida. I would like to have it expunged in the future. What would be the best way to handle this?

The public intoxication charge will remain on your record for the rest of your life if you plead guilty or "no contest"(which is more or less a guilty plea). The only way to expunge your record in Texas is if you are found not guilty or if the charges were dismissed. You may be able to keep your record sealed from public access if you finished a deferred Adjudication Probation. To do this, you would have to motion the court for non-disclosure. At this point, the only way to avoid having the public intoxication charge on your record is to get a deferred adjudication or plead not guilty to the charge and hope to have a not guilty verdict or a dismissal.

I'm in Indianapolis and was charged with public intoxication. What kind of fines am I looking at?

Indiana law views public intoxication as a misdemeanor which results in a maximum punishment of up to $1,000 fine and up to 180 days in jail. Usually, on a first offense, a person can work out a deal with the prosecutor for a deferred sentence. This means a small fine of about $250, public service and maybe an alcohol abuse class. If you don't get arrested again, the charges will be dismissed and you can have the charge removed from your record. If you cannot come to an agreement with the prosecutor, you will need to hire an attorney to assist with lowering the fines and keeping the public intoxication charge off of your record. With a misdemeanor charge on your record, you may find it difficult finding a job or even renting a home.

I received public intoxication and underage drinking citations last week in PA, I have no court date and the citations do not specify the fine that I have to pay. What should I do?

The District court will notify you by mail if they plan to pursue the violations. The outcome will depend on which county you were cited in. In Pennsylvania, each county has its own law for the minor in possession offense. However, most of the counties will automatically have your license suspended once you are convicted. The MIP fines will usually run from $100-$250 on a first offense and up to $500 on a second offense. Once you receive notice from the District court, you may want an attorney to review the tickets and determine which court will be hearing the case. The attorney will then be able to determine the potential penalty.

I got a public intoxication charge and forgot about it. Now they have issued a warrant for me. What are my options?

The first thing you should do is contact the court and have a pretrial hearing set up. More than likely, the court will lift the warrant and you can resume with court. When you appear at court, you will enter a plea. If you plead not guilty, you need to tell the court that you will retain an attorney or that you need a public defender.

If you don't plan on hiring an attorney, you may want to contact the prosecutor and try to negotiate an agreement. If you come to an agreement with the prosecutor, it is possible that you may be able to resolve the issue at the first hearing.

Many people don't realize that they can be arrested if they walk out of their favorite restaurant after having a few drinks with friends. What seems harmless to the person is actually called public intoxication. The chances of being arrested for this act grow if the person is loud or acting in a manner which makes them appear intoxicated. If you have questions or concerns regarding public intoxication, you should ask an expert for assistance.
Ask a Legal question
Type Your Legal Question Here...
characters left:
13 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21118
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21118
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18366
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3827
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Public Intoxication Questions

  • My older half-brother who has had a problem with me for years

    My older half-brother who has had a problem with me for years invited me to one of his parties. I showed up about 3 hours into it when everybody was already drunk (rednecks at a NASCAR party). A few hours later I made an innocent comment to my nephew’s girlfriend…intended to be funny. My nephew told my brother who then took it personally and secretly called the police on me. I had been drinking to but was not to the point of intoxication that my brother, his wife, and his friends were at. Out of nowhere four of my brother’s friends attacked me, pinned me on the ground, and held me there until the cops arrived. I was arrested in my brother’s front yard (private property) for public intoxication. I let the cop know that the person who called him, my brother, almost strangled me to death when I was nine years old after taking me outside during the dinner party. My brother and the cop shared a laugh together and I was put in handcuffs. The cop only asked me if I have a concealed handgun license and I replied yes during the process of being walked to the cop car.

    I later found out that in addition to being charged with public intoxication, the cop charged me with “Failure To Identify Fugitive Trying To Flee” which is exactly what shows up in the national database. When my mother arrived at the jail to bail me out, she explained that I am not a fugitive and I was not trying to flee. Before that incident I had a clean record and no warrants out for my arrest. The cop at the jail changed that charge to just “Failure To Identify”. It was changed at the local/state level but the original charge still appears at the national level. I learned this after I received an offer for a finance job and went through the fingerprinting process in late May 2014, they denied the offer after the charge appeared in the national database, even after it had been dismissed by the court.

    Who do I sue because of what happened? My brother or the county? My brother lied to my parents about everything that happened, he even told them that his neighbor called the cops. It was later revealed on the police report that the call came from his address. I don’t think the cop would charge me as a fugitive trying to flee without reason to believe that I actually was so. Perhaps my brother told him something along those lines so the cop charged me with it without even confirming it? If I were to take action against the county they would subpoena the cop and he could just lie and say that my brother didn’t tell him that when they ask why he charged me as a fugitive. I would think my brother is the direct person to blame for the false charge so he would be the most logical person to take action against right? Keep in mind that I also have proof that my brother committed insurance fraud in the past as an agent and there are many people that will testify against his character. My brother is close to 50 and I am close to 30 years old.
  • I loaned a car to my daughter-law four and half years ago.her

    I loaned a car to my daughter-law four and half years ago.her name was not on title but insurance policy was in her name. Tags were in my name, she could not purchase tag otherwise, she had no title. She allowed her 21 yr. old son to drive the car to another town for visit. He gave key to his cousin that was intoxicated to retrieve something from car.He drives off in car, hits another car, totals both cars. I was only aware of the destruction of my car. Insurance company brings me a check for approx. $6500.00 for my vehicle. Problem, they included her name on check and refuses to take her off. She wants 50% of the check and has absolutely no cost in the vehicle, used four and half years free. Approx. one month after ins co issued check they informed me that second vehicle was hit by driver of my car and owner of that car had been pd by their ins. co. and that my insurance co. was going to reimburse for second vehicle. I have a check that is of no value unless I agree to give over half to some one that deserves absolutely nothing. This party was aware of second vehicle destruction when it occurred and kept from me until ins. co called me month later to inform me of second vehicle. Then I went to police Dept. and found a police report on my vehicle. This was not revealed as I was given an abandoned car police report as car was picked up and impounded by police. Second vehicle and DUI, Public Intoxication, Leaving scene and others. My question is can I sue her or driver for money to make me whole for my car or can I get an injunction and try to force her to sign check or what can I do.
    Not sure ins. co does have responsibility here as they paid check to me and should have known all of circumstance involving my car and the other car. I am left hanging with a check that is worthless unless I split wit her. The check was delivered to me by ins. co. rep and I have gone back to them and they will not take her off.
    Can you help? I would appreciate a reply!
    Thank you.
  • I applied for a county job and was given the job contingent

    I applied for a county job and was given the job contingent upon passing a live scan. I did not list a public intoxication that i received over 10 years ago, is that going to ruin my chances of getting this job?
< Last | Next >