Generally, you cannot go to jail for public drunkenness in Pennsylvania if that is the only charge you are facing. Public drunkenness is only punishable by a fine. If, however, you are facing other, related criminal charges that do carry jail sentences, you could still end up behind bars for weeks, months, or longer.
Even if you do not go to jail, the penalties associated with public drunkenness can make your life difficult. Our Montgomery County criminal defense lawyer can defend you against whatever charge(s) you face.
What Are the Penalties for Public Drunkenness in Pennsylvania?
Under state law, you could face a fine of up to $500 for a first public drunkenness offense and a fine of up to $1,000 if this is a subsequent offense.
Unlike most other summary offenses, where some jail time is a possibility, public drunkenness is generally punishable only by the fine. In most cases, police officers in Pennsylvania do not even arrest people for public drunkenness. Instead, they issue a citation that gives you the choice of paying the fine or arguing your case at a court hearing.
In the unlikely event that you are arrested, the police will take you into custody, which may involve being held for a while. This typically only happens if the arresting officer feels you are an imminent danger to yourself or others.
Should You Just Pay the Public Drunkenness Fine?
It is up to you to decide if you want to accept the fine—and with it, the criminal charge—instead of building a defense. Before you make that decision, you should fully understand what a conviction would mean for both your finances and your future. Our defense attorney can explain your options and help you figure out what to do.
When Could You Be Charged With Public Drunkenness in Pennsylvania?
State law defines public drunkenness as creating a public nuisance or disturbance in a public place while “manifestly under the influence of alcohol or a controlled substance.”
This law is very broad and could include any number of actions, including threatening to harm yourself or others, talking or singing loudly in the middle of the night, or threatening someone else’s property. It is up to the arresting officer to decide when a public drunkenness charge is appropriate.
When Might You Go to Jail After a Public Drunkenness Conviction?
The only way you will go to jail after being convicted of public drunkenness is if you are simultaneously convicted of other crimes that do carry a jail sentence.
For example, say that a person is convicted of both public drunkenness and driving under the influence with a blood alcohol content (BAC) of .10 percent or higher. Possible DUI penalties in this case include up to six months behind bars. This person might therefore spend time in jail for the DUI conviction.
If you are facing multiple charges, it is even more important to seek legal advice as soon as possible. The more charges there are, the more complicated it can be to mount a strong and persuasive defense—and the more is at stake.
How Will a Public Drunkenness Charge Affect Your Life?
At first, the relief of not facing jail time might make the fine seem not so bad by comparison. With time, however, the true cost of a public drunkenness conviction becomes clear:
- A fine that seems modest or manageable to one person can be devastating to another, causing financial instability and forcing families into debt.
- The charge—and, if applicable, the conviction—will go on your public record. Anyone who runs a background check can see it.
- A criminal record can negatively affect your chances of getting the jobs you want, being accepted into certain schools, or being able to rent a house or apartment.
- Family and friends may see you differently after a public drunkenness charge. Some may be concerned about your health, while others may distance themselves.
Even if you are never formally convicted of public drunkenness, paying the fine is functionally the same as a conviction, and the citation itself will still be on your record.
Fortunately, since public drunkenness is a nonviolent summary offense, you have the option of petitioning for expungement after a certain period of time. Our defense lawyer can help you with this.
What Can You Do to Avoid Penalties After a Public Drunkenness Charge?
As soon as possible after receiving the citation, you can speak to a criminal defense attorney about your options. There are often several ways to fight back against public drunkenness charges:
- Showing that the police did not establish you were intoxicated before issuing the citation (other conditions can sometimes mimic drunkenness)
- Arguing that the police violated your rights in some other way
- Demonstrating that your behavior was not disruptive enough to justify a public drunkenness charge
If a judge accepts your arguments, then you do not have to pay the fine issued on the citation. You would still have to get the initial citation expunged from your record, but at least you would not have the stigma of a conviction to deal with.
Legal representation may seem unnecessary in cases where you do not face jail time. Again, even such a minor charge could have major consequences. It is best to do what you can to protect yourself. This includes consulting with our lawyer.
A Defense Lawyer Can Help You Avoid Fines and Jail Time
Being charged with any crime, even a comparatively minor one like a summary offense, is still scary for many people. While you cannot go to jail for public drunkenness in Pennsylvania, you could still face hefty fines and permanent damage to your reputation if you do not fight back. Call our office today for assistance. McKenzie Law Firm, P.C., is available 24/7 to take your call.
