How to Fight a Public Intoxication Charge in Pennsylvania
It is perfectly okay to enjoy alcoholic beverages when you want. However, getting drunk in public is illegal and called public intoxication.
If someone appears to be intoxicated in public, a police officer can arrest them. While intoxication signs can be subjective, they usually include being belligerent and loud, picking fights, or stumbling. If the person is too drunk to function, they can also be arrested.
While this is a relatively minor offense, it’s still important to get a good Pittsburgh criminal lawyer. See how the experienced team at Logue Law Group can protect your future.
What Does the Law Say?
A person is guilty of summary public intoxication if they appear in any public place under the influence of alcohol. This also applies if they are under the influence of a controlled substance. As long as they are a danger to themselves or others or cause property damage, they can be arrested. If arrested, you would need the services of a Pittsburgh criminal lawyer.
You might be wondering if blood alcohol content (BAC) matters in this case. The short answer is no. There is no minimum level of acceptable drunkenness. Your BAC can be 0.08 or 1.5; you can be arrested if the police officer, based on certain elements, determines you’re intoxicated in public.
What are the Penalties?
Public intoxication is a summary offence in the state. This implies it’s the lowest kind of criminal charge in Pennsylvania. A citation is often issued, so it’s common for people to be arrested for this offense. However, a police officer can take you into custody if they determine you might harm yourself or others. Here are the penalties:
- If charged with public intoxication for the first time, you might be ordered to pay a $500 fine. For every subsequent violation, the fine is increased, but no more than $1000.
- It’s rare to be sent to jail, but it’s possible if a person is sentenced to 90 days in jail.
- In some cases, community service is ordered. The hours of service depend on the offense’s severity.
Besides penalties, a conviction still goes on your criminal record that cannot be expunged for 5 years.
What is Accelerated Rehabilitative Disposition (ARD)?
In many cases, if it’s a first-timer, Pittsburgh criminal lawyers prefer that they get evaluated for the ARD. This is a program designed to allow offenders to perform community service and alcohol counselling. There are other steps as well to prevent the criminal conviction’s consequences
The program is “accelerated”, which means it’s basically like probation, even if it lasts months and not years. You are expected to pay a fine, complete a course on alcohol awareness, and pay court expenses.
However, ARD is not mandatory or automatic. An officer or district attorney must offer your ARD, but they can choose not to. An experienced Pittsburgh criminal lawyer will be able to advise you and determine if you’re eligible. There’s no reason to refuse it if it’s offered. If you successfully complete this program, the prosecution record will be removed from your history.
Public intoxication is a crime related to alcohol, but it’s not as severely penalized as a DUI. You still need to be concerned since it goes on your criminal record and leads to negative effects.For the protection of your legal rights, you need help from the experts at Logue Law Group. Our team of Pittsburgh criminal lawyers can help you understand your case better. We will also clear your doubts about the charges and legal repercussions. Contact us today at sean@seanloguelaw.com.