Harrisburg Public Intoxication Lawyer

There are many crimes that you can be charged with in Pennsylvania, and they range from minor to serious. One of the most minor ones is public intoxication.

Public intoxication is a summary offense, which means it is even more minor than a misdemeanor. A person accused of this crime will primarily receive a citation,

Under Title 18, § 5505, a person is guilty of public intoxication if they appear in any public place manifestly under the influence of alcohol or a controlled substance, to the degree that they may endanger themselves or other people or property, or annoy people in the vicinity.

This law is purely subjective. There is no legal limit for public intoxication in Pennsylvania, so your blood alcohol content (BAC) or how many beers you had does not matter. Whether or not you are deemed intoxicated depends on observed behavior and circumstance.

Also, you can be arrested for public intoxication even if you are not causing a disturbance. If you are determined to be under the influence of alcohol or illegal drugs in a public place, you could still be charged with a crime and face consequences.

When is Someone Manifestly Under the Influence?

What exactly does this phrase mean? Minor signs of alcohol use, such as smelling of alcohol and slurred speech, likely won’t elevate someone to be cited for a crime. However, someone who’s loud, belligerent, and picking fights could be arrested. Someone who cannot function in public could also be considered being manifestly under the influence.

When is Someone a Danger to People or Property?

A drunk person who is sitting alone and minding their own business is not likely a danger to themself or others. However, if that person is stumbling and bumping into people or objects, they are a danger to others. The same applies if the person is picking fights, throwing beer bottles, or jumping on the bar, they could be arrested.

What is Considered a Public Place?

A person cannot be arrested for being drunk in a private place, such as their home or someone else’s home. To be arrested for public intoxication, the person must be in a place that is open to the public, such as a bar, store, or restaurant. Anything that is generally accessible to the public is a public place. Police cannot escort someone off private property to a public space for the purpose of making an arrest.

Contact Us Today

Even though public intoxication is an alcohol-related crime, it is not punished as harshly as a DUI. Still, you need to be concerned about this crime being on your criminal record and causing negative effects to your life.

Protect your legal rights with help from a Harrisburg criminal defense lawyer from the Law Offices of Cory A. Leshner, LLC. We can help you learn more about your case and better understand the charges and legal consequences you are facing. Give us a call today at (717) 909-9999 or fill out the online form to schedule a consultation with our office.