In majority of the states in the United States, being intoxicated in public is a criminal offense. Commonly known as disorderly conduct (i.e.Washington state), it is a misdemeanor offense that punishes those who are visibly drunk in public spaces. Even though prosecutors may present evidence of a defendant’s blood alcohol level, how much alcohol a person actually consumed is ultimately irrelevant to prove the criminal offense.
Instead, public intoxication focuses on behavior. Law enforcement looks to a person’s demeanor when issuing a citation for public intoxication. The issues law enforcement may raise is whether a defendant is acting in a disruptive manner or are they a danger to themselves or others within the community.
In addition to behavior, the public intoxication must happen in a public place. Jurisdictions and state laws vary as to the definition of public, meaning that it may be possible to be cited when on private property if you’re in plain view and the arresting officer observes your actions. This is also where the greatest defense to public intoxication can be found. Whether or not you were actually in public is often up for debate and can possibly provide for a legal defense to the criminal charge.
Public intoxication laws are enforced, but unless you have lots of priors, a citation rarely ends in significant jail time. A defendant may spend the night in jail, however, and be sentenced with a fine or some community service. The primary intent behind these laws is really to ensure public safety and protect property from an intoxicated person.
If you or a loved one is in a bind as a result of a criminal charge (theft or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
