Charged with public intoxication in Alabama?
If you’ve ever gone out drinking in Alabama, you’ve probably wondered what would happen if you got too drunk and caused a disturbance. In this blog post, we’ll go over Alabama’s public drunkenness laws and give you some pointers on how to behave with cops if you’re facing public intoxication charges. We’ll also discuss how a criminal defense attorney can assist you if you’re facing public intoxication charges.
(a) A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics, or other drugs to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.
(b) Public intoxication is a violation.
– Alabama Code Title 13A. Criminal Code § 13A-11-10
Is it possible to be arrested for public intoxication if you haven’t done anything wrong?
Yes. Even if you haven’t done anything wrong, you might be arrested for public intoxication. For example, if you’re out drinking and having fun and a police officer notices that your degree of drunkenness appears suspicious or worrisome, they may arrest you for public intoxication based on their own discretion. The same thing may happen if you’re just walking down the street while inebriated and a cop feels concerned about your safety.
What Are Penalties for Public Intoxication in Alabama?
The good news for someone facing a charge of public intoxication is that Alabama considers it an infraction rather than a misdemeanor or felony offense. A fine for a violation shall be imposed by the court but shall not exceed $200, according to Alabama law. In addition, a violation might result in an immediate penalty of up to 30 days in jail.
While 30 days in jail and a $200 fine may not seem like much in comparison to the penalty for misdemeanor or felony convictions, it’s important to remember that the real ramifications of a public intoxication conviction don’t stop there. Even having an arrest (let alone a conviction) on your record may make it difficult for you to get work or seek other chances. Furthermore, if you are involved in civil litigation, such as a child custody battle, a conviction could be used against you and negatively impact the outcome of your case.
What can I do if I’m arrested for intoxication in public?
Stay cool and cooperate with the authorities if you are arrested for public intoxication. Here are a few things to remember if you get arrested:
Keep in mind that you have the option to remain silent. You are not required to answer inquiries or make statements to the police, and everything you say could be used against you in court.
Be kind and respectful to police officers. Yelling or protesting will not help your case and will just make matters worse for everyone involved.
As quickly as possible, request to consult with a lawyer. You have the right to have an attorney present during any post-arrest questioning, and having legal representation is critical if you are facing criminal charges.
A prosecution in Alabama must prove many criteria to be convicted of public intoxication: that your acts were endangering you and people around you; that you had the intent to breach the law; and that you exhibited annoying and raucous behavior in a public area.
If you are charged with public intoxication in Alabama, you should consult with a criminal defense attorney as soon as possible. A criminal defense attorney can assist you in building your case and ensuring that you are treated fairly under the law. A lawyer may be able to have the accusations against you dropped or reduced in some situations, and in others, he or she may be able to negotiate a good plea deal on your behalf. Contact a law firm today to learn more about how a criminal defense lawyer may assist you with your case.