By itself, no, public drunkenness is not a misdemeanor in Pennsylvania. It is typically graded as a summary offense, even if you have faced the same or similar charges in the past.
That said, a summary offense can still disrupt your life, and if you face other, related charges in addition to public drunkenness, those charges could be summary offenses, misdemeanors, or felonies. It is a good idea to speak to our Pennsylvania criminal defense lawyer as soon as you can to protect your rights.
Penalties You May Face if Charged With Public Drunkenness
As a summary offense, public drunkenness carries relatively light penalties. According to 18 Pa. C.S. § 5505, if this is your first offense, you could be fined up to $500. If this is a subsequent offense, the fine may increase to as much as $1,000. Such fines can be a heavy burden for those with limited financial resources.
It is important to realize that the above penalties apply only to public drunkenness. Many people who face such a charge end up being charged with other crimes as well.
For example, say that someone goes out to celebrate with friends on New Year’s Eve or another holiday. They get drunk, start a fight in a bar, and then drive away. In this case, even if no one got hurt, the arresting officer might decide to charge the individual with:
- Public drunkenness (since they harassed and endangered others while intoxicated)
- Driving under the influence (since they drove while intoxicated)
- Disorderly conduct (since they got into a fight)
A DUI is generally graded as a misdemeanor, while disorderly conduct may be graded as a summary offense or a misdemeanor based on the circumstances. Misdemeanor penalties can include years behind bars and thousands of dollars in fines.
The presence of additional charges can significantly increase the penalties you face and make your case much more complex.
What to Do if You Are Charged With a Misdemeanor in Addition to Public Drunkenness
Cases involving multiple charges may require a multi-pronged defense strategy that addresses each charge individually as well as collectively. Such cases can be difficult to handle alone, so you could benefit from seeking legal counsel as soon as possible.
In the meantime, we urge you to consider the following:
If You Are Arrested, Remain Silent
Not all 18 Pa. C.S. § 5505 charges result in an arrest. Since it is a summary offense, police officers may be willing to simply write a citation ordering the alleged offender to either pay a fine or show up in court.
In cases where you are arrested—for example, if you face multiple charges, or if the officer believes you have harmed or are about to harm someone else—you have the right to remain silent. Do not answer any of their questions until you hire a defense attorney.
A Lawyer Can Evaluate Your Situation
The police and the prosecution have already started collecting evidence against you. Your attorney will collect evidence as well, but our goal is to look for any information that could prove the charges against you are unjust. Evidence we collect may include:
- Breathalyzer and other test results
- The official police report
- Witness testimony
- Any existing photos or video footage
Your Attorney Will Look for Ways to Fight the Charges
For example, we might aim to show that you were not drunk at all: perhaps the officer did not run the test correctly, or maybe you were on medication prescribed by a doctor. Under these circumstances, public drunkenness does not apply.
Alternatively, we could argue that the police did not have sufficient cause to detain you. Police officers are not allowed to stop people at random: they must have reason to believe the person is both intoxicated and a danger to the community. If we show that your behavior did not meet this threshold, the judge may drop the charge entirely.
Possible Outcomes to Your Public Drunkenness Case
You could choose to pay the fine, but you would still be left with a criminal record that could potentially impact your future. If you are facing multiple charges, then you will need to figure out how to address each one in order to minimize the effect on your life.
Before you make a decision, consult with a criminal defense lawyer about your rights and options. Our law firm can fight to:
- Get the charges dropped, if you were not drunk or if the police violated your rights
- Get the charges reduced, so the penalties you face will also be reduced accordingly
- Negotiate a plea deal, which allows you to avoid a stressful trial by pleading guilty to a lesser charge
We may fight for a different outcome for each individual charge. For example, we might try to get a disorderly conduct charge dismissed while simultaneously arguing for a smaller fine for the public drunkenness charge.
Your case’s outcome depends on many different factors, from the amount and quality of available evidence to the existence of any prior charges or convictions against you. Even if the police insist they have an airtight case, a conviction is not inevitable. You can and should talk to an attorney right away.
We Can Defend You Against Public Drunkenness Charges in Pennsylvania
Public drunkenness may not be a misdemeanor in Pennsylvania, but it can still negatively impact your life, your reputation, and your future. You deserve a legal representative who will fight hard in your defense.
McKenzie Law Firm, P.C., measures our success by your success. We want to do everything possible to protect your rights and get you your life back after any type of charge. Call any time to get started.
