Charlotte Criminal Lawyer Blog
Can I Be Charged With Public Intoxication?
A night out with friends can be fun, but it can get crazy if you have too much to drink. You may be so intoxicated that you wander down the sidewalks or in other public areas, creating a nuisance. When that happens, the police may become involved. In North Carolina, public intoxication on its own is not a criminal offense; however, it is often associated with disorderly behavior, which is a crime.
What is Public Intoxication?
In the most general of terms, public intoxication means being visibly under the influence of alcohol or drugs in public. Public intoxication is not limited to alcohol; it also includes intoxication by drugs or any controlled substance. While public intoxication itself is not a crime in North Carolina, a person could be charged if they are intoxicated and disruptive. If a person is found to be intoxicated, the police could still take them into custody, simply for your own protection. Or, law enforcement could assist you in getting out of the public or seeking medical assistance if needed. A person can be taken into protective custody for a period of up to 24 hours. This allows a person the ability to get sober.
Disruptive Behavior While Intoxicated
North Carolina law prohibits a person from being intoxicated and disruptive in public. Some common types of disruptive or disorderly behaviors include:
- Blocking a roadway or interfering with traffic
- Blocking a sidewalk
- Grabbing, shoving, pushing, or fighting
- Shouting, cursing, or insulting others
- Begging for money
You are not allowed to block the road or any public access area, such as the entrance to a building. If you are fighting, arguing, or attempting to start a fight, it could be considered disruptive. In addition, loud cursing or yelling at others could also be disruptive when in public. Public areas include sidewalks, roads, government buildings, office buildings, and retail establishments such as stores, restaurants, and bars.
Defending Intoxicated and Disruptive Charges
If convicted of intoxicated and disruptive charges, a Class 2 misdemeanor, you could face fines of up to $200 and up to 10 days in jail. The penalties increase for subsequent convictions. You will also have a criminal record. Therefore, you will want to vigorously defend the charges. First, your attorney will work to try to get the charges dismissed. If the police did not have probable cause to arrest you, the charges may be dropped. The charges must stem from disorderly behavior and not simply being intoxicated.
A prior diagnosis of mental illness may make it possible to dismiss the charges. A judge may review your history of mental health and could require the defendant to participate in counseling.
Alcoholism is a possible defense to these types of charges. The judge must consider this as a defense in any such case. A person with a history of alcoholism may present this information to the court and will be evaluated by a counselor. If not convicted due to alcoholism, the judge may require the defendant to seek treatment.
If you are facing intoxicated and disruptive charges, it is helpful to speak with a knowledgeable criminal defense attorney as soon as possible. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-444.html
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