There are certain offenses defined in state statutes that are intended to govern general public conduct. When it comes to public displays of alcohol intoxication, states that decide to enact laws that regulate this particular public conduct have two possible approaches. The first approach is to treat it as a traditional crime that is punishable by imprisonment, fines, probation, and community service. The states that take this approach usually consider public intoxication as a misdemeanor. The second approach views chronic public intoxication from a medical perspective that should be addressed through medical treatment or other non-criminal measures. Under this second approach, statutes usually send intoxicated persons to a treatment facility or to spend time temporarily in a county jail until their intoxication passes.
Under Ind. Code § 7.1-5-1-3, a person is prohibited from being present in a public place or a place of public resort in an intoxicated state caused by the use of alcohol or a controlled substance if that person:
Public intoxication is considered a Class B misdemeanor. Ind. Code § 35-50-3-3 provides that those convicted of a Class B misdemeanor may be punished with jail time not more than 180 days and a fine not exceeding $1,000. However, a police officer making an arrest for public intoxication is provided with a list of options as to what he or she may do. Under Ind. Code § 12-23-15-1, the officer may:
Our Indianapolis attorneys are well-versed in public intoxication charges, and could help you understand the nature of your case.
While Indiana statute does not define what constitutes a “public place” or “place of public resort,” several cases from Indiana’s court of appeals have stated that a public place does not have to be a place that is solely devoted to public use. It may be any place, regardless of ownership, that is visited by many persons and is usually accessible to the public. Thus, there are certain private properties or business establishments that are open to the public. For example, in one case, an individual’s conviction for public intoxication was upheld even though he was inside a vehicle parked by the sidewalk in an apartment complex. In another case, another conviction for this offense was upheld even though the individual was found intoxicated inside a hotel hallway. If you find yourself being charged with public intoxication, it is in your best interest to speak with an Indianapolis lawyer well-versed in local public intoxication laws.
Eskew Law can review your case and help you craft an effective defense if you are facing a public intoxication charge. Please call us at (317) 699-4655 or submit our online consultation request form. Enlisting the help of an aggressive Indianapolis public intoxication lawyer as early as possible will help you get a positive outcome in your case.
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