Sometimes while having a good time out in public, a person might have too much to drink. Acting on impaired judgment could land the individual in hot water under the criminal law of Indianapolis if an officer suspects the person of public intoxication.

What does this charge involve, and how can a person fight it?

What Qualifies as Public Intoxication Under the Criminal Law in Indianapolis?

The police can levy the charge of public intoxication against someone under the influence of drugs or alcohol in a public place, including on public transportation or a common carrier service. However, the police do not simply arrest a person for being drunk. The suspect must also be:

  • Annoying, harassing, or alarming another
  • Disturbing the peace or being in imminent danger of breaching the peace
  • Endangering the life of themself or another person

People may have open containers in public, except in places where the law specifically prohibits it, such as public parks.

What Are the Penalties for Public Intoxication?

Under the criminal law in Indianapolis, public intoxication is a Class B misdemeanor. The punishment for these offenses is up to a $1,000 fine and 180 days in jail.

How Can a Criminal Lawyer in Indianapolis Fight Public Intoxication Charges?

A top criminal lawyer in Indianapolis will know how the counter the claim of public intoxication. For example, an attorney may discover that the arresting officer did not have sufficient medical evidence as proof of drunkenness.

A lawyer could also produce witnesses on a defendant’s behalf to show that the accused was not harassing others or endangering life. Sometimes, a defense lawyer can negotiate with the prosecutor to drop the charges and keep them off a person’s record due to a clean record or willingness to enter a pre-trial diversion program.

Which Professionals of Criminal Law in Indianapolis Can Help?

Public intoxication charges can create many problems for a person due to the strict criminal law in Indianapolis. If you need help fighting this accusation, contact Potts Law at (317) 951-0087 or fill out the online contact form.