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There are many crimes that you can be charged with in Pennsylvania, and they range from minor to serious. One of the minor ones is public intoxication. Public intoxication is a summary offense, which means it is less serious 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.
Is There a Legal Limit for Public Intoxication in Harrisburg, PA?
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.
What is ‘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 is loud, belligerent, and prone to picking fights could be arrested. Someone who cannot function in public could also be considered to be manifestly under the influence.
When is Someone Considered 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 a Public Place According to the Law?
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 public place, 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 to make an arrest.
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Even though public intoxication is an alcohol-related crime, it is not punished as harshly as a DUI. Still, you should be concerned about this crime being on your criminal record and potentially causing negative effects on your life.
Protect your legal rights with help from our criminal defense lawyers in Harrisburg, PA. We can help you learn more about your case and better understand the charges and legal consequences you are facing. Contact us today at (717) 232-5000 or complete the online form to schedule a consultation with our office.