It is rare that the arresting officer will perform a sobriety test because there is no threshold that needs to be met under the statute. The standard is that the officer believes you to be a threat to yourself or others. The fact that a sobriety test was not performed does not mean that the charge will be dismissed.

Public places include any place that a member of the public has a right to be. For example, a bar, a public street or sidewalk, or a park are classic examples, but “public places” also include passengers traveling in a vehicle on a public road, the common areas of an apartment or condominium complex, or even the front porch of a residence.

It is not uncommon for the passenger of a vehicle to receive a public intoxication citation if the driver is arrested for driving while intoxicated.

After an arrest, you will be brought before a magistrate, and most people will plead no contest or guilty. This will result in a conviction and a permanent record of the charge and arrest. We can have this plea set aside; however, we must make this request within ten (10) days of the plea. If you made a plea in jail, you need to contact us immediately.

The most common question that we get is, how will this charge affect my future? If your case is dismissed, though either a straight dismissal or after successful completion of probation or deferred disposition, you can apply for an expunction of the charge. You can also apply for expunction if you are acquitted or found not guilty at trial. An expunction is a separate action where the court orders the records related to the charge are to be destroyed. This includes the arrest records and reports. After expunction, you can also legally deny that the charge occurred. This is important when completing applications for jobs, schools, housing, or financial aid/loans.

Click here for more information on expunctions.

If you were younger than 21 years old when you were arrested for public intoxication, you have some additional concerns. For example, a conviction may mean a loss of your driving privileges or a delay in obtaining a license if you have not yet applied for a driver’s license. In addition, unlike public intoxication charges for adults 21 years old or older, punishment can be enhanced with fines of up to $2,000.00 and a jail sentence of up to 180 days or a combination of both.