Public intoxication is treated less severely than other criminal offenses and usually involves paying fines and attending a treatment program. However, since the charge goes on your record, getting proper legal help is important to manage the situation effectively. At Kellis Law Firm, Our Pennsylvania DUI lawyers are equipped to offer the guidance and defense you need to handle a public intoxication charge effectively.
Here’s a simple breakdown of what you need to know about public intoxication laws in the Keystone State.
What Pennsylvania law says about public intoxication
Pennsylvania law treats being drunk or high in public as a minor legal issue if you’re not causing serious trouble or danger. The law is mainly there to prevent any potential harm or disturbances caused by those who are intoxicated.
Is it a serious charge?
Public intoxication in Pennsylvania is not treated as a misdemeanor (a more serious criminal charge) but as a summary offense. This is the least serious type of criminal offense, involving simpler legal processes and lighter penalties than more severe charges.
What are the penalties?
You might have to pay a fine if you’re caught and charged with public intoxication. This won’t be more than $500 for a first offense. If it happens again, the fine could go up to $1,000. Sometimes, the court might also ask you to do community service or join a treatment program instead of paying a fine, especially if it seems like a more constructive solution.
Will it go on my record?
Yes, a public intoxication charge goes on your criminal record, even though it’s a minor offense. This can be annoying if you’re applying for jobs, professional licenses, or housing, as it might come up in background checks. However, it’s not as damaging as a criminal record involving a misdemeanor or felony.
What police must prove to arrest you
In Pennsylvania, both “reasonable suspicion” and “probable cause” are legal standards used by law enforcement as grounds for detaining individuals and making arrests, particularly in cases of public intoxication. Understanding these terms is crucial because they dictate when and how police can intervene in situations where someone is suspected of being publicly intoxicated.
Reasonable suspicion
Reasonable suspicion is a standard that is less strict than probable cause and is used to justify the temporary detention of individuals. It is based on specific, articulable facts, along with rational inferences from those facts, that indicate criminal activity may be afoot.
In the context of public intoxication in Pennsylvania:
- Observations made by law enforcement: An officer might observe behaviors such as slight unsteadiness, mild slurring of speech, or a faint smell of alcohol. These observations alone may not be enough to establish probable cause for an arrest but could justify a temporary stop to investigate further.
- Contextual factors: The time of day, location (such as being near a bar at closing time), and the presence of an event where alcohol is served could contribute to reasonable suspicion.
Probable cause
Probable cause requires a higher level of evidence than reasonable suspicion and is necessary to make an arrest or conduct a search without a warrant. This means sufficient evidence must lead a reasonable person to believe that a crime has been committed.
In the case of public intoxication, probable cause might be established if:
- Direct evidence of intoxication: This includes more pronounced indicators of impairment such as obvious difficulty walking, highly slurred speech, aggressive or otherwise erratic behavior, or an overwhelming odor of alcohol.
- Behavior impacting public safety: Actions such as attempting to operate a vehicle, becoming aggressive towards others, or causing a significant disturbance in a public area can all contribute to probable cause for an arrest under public intoxication laws.
How can Kellis Law Firm help you?
At Kellis Law Firm, we dig deep into your public intoxication arrest details to ensure your rights were respected. If it looks like the police didn’t have a solid reason to arrest you, we’ll fight to reduce or drop your charges. Whether it’s arguing that the police didn’t have a good reason to charge you, negotiating lower penalties, or pushing for alternative penalties like community service, we’re here to help.