Under 18 Pa. C.S. § 5505, it is illegal to appear drunk or high in any public space. Failure to obey this law could result in a fine.
If you were cited or arrested for public drunkenness, you will want to speak with a legal representative as soon as possible. Our Pennsylvania criminal defense lawyer can provide a more complete overview of 18 Pa. C.S. § 5505 and explain and protect your rights. We may even be able to get the charge against you dismissed.
What Does 18 Pa. C.S. § 5505 Say?
Also referred to as “public drunkenness and similar misconduct,” 18 Pa. C.S. § 5505 says that it is a summary offense to appear “in any public place” while drunk enough to:
- Present a danger to yourself and/or others
- Upset or irritate other people
In other words, drinking or even being tipsy in public is not by itself a crime. It escalates to a crime if the individual starts yelling at strangers, walking in the middle of the road, or engaging in similarly disagreeable or risky behaviors.
You Do Not Have to Be Drunk on Alcohol to Be Charged Under 18 Pa. C.S. § 5505
Under the law, “public drunkenness” can apply not only to alcohol consumption but also to the consumption of other drugs. For example, a person who is high on marijuana, cocaine, or methamphetamines and who causes a public disturbance may also be charged under this statute.
Prescribed Drugs and 18 Pa. C.S. § 5505
Medical marijuana is legal in Pennsylvania, and those who take it might be concerned about whether their prescribed drug usage could lead to a public drunkenness charge. The answer is no: the law explicitly states that using a drug as prescribed by a doctor does not count as public drunkenness under 18 Pa. C.S. § 5505.
That said, a police officer who accuses you of public drunkenness may not know or care that you have a right to be using marijuana or another drug. If they try to charge you under 18 Pa. C.S. § 5505, you will want to talk to the lawyer at our firm as soon as you can.
What Happens if You Violate 18 Pa. C.S. § 5505?
How your case begins and progresses depends on the circumstances. After establishing that you are drunk or high (e.g., with the use of a breathalyzer test), the police officer may decide to issue you a citation. This citation will order you to choose between paying a fine and requesting a court hearing. Your attorney can help you decide how to respond to the citation in a timely manner.
If the officer feels you are especially belligerent or pose an imminent threat to others, you might be arrested. You would then face a series of hearings before a judge, who would ultimately decide whether to uphold or dismiss the charge.
Penalties for Public Drunkenness
If you have never been cited for public drunkenness before, you could be ordered to pay as much as $500. If this is not your first citation, then you face a maximum $1,000 fine. The charge will also show up on your criminal record unless and until you are able to get it expunged.
Jail or prison time is not generally required, unless you are charged with other crimes in addition to the public drunkenness charge.
Long-Term Consequences of a Public Drunkenness Charge
For many people, even a comparatively modest fine can cause significant financial distress. This is especially true if your boss decides to fire or suspend you because of the charge.
Having a criminal record could also make it harder for you to find employment or a place to live or to get into the school of your choice in the future.
For these reasons, it is in your best interest not to dismiss an 18 Pa. C.S. § 5505 charge just because it is “only” a summary offense.
Other Charges That Might Accompany a Public Drunkenness Charge
Depending on what you are accused of doing or attempting to do while under the influence, you could face any number of additional charges, including but not limited to:
- Driving under the influence (DUI)
- Harassment
- Disorderly conduct
- Criminal mischief
- Theft
- Reckless endangerment
Most of these charges are far more serious than public drunkenness and come with significantly higher penalties. Trying to face them alone is not wise: there is too much at stake, and the legal system is very complex for a layperson to navigate. We urge you to take the situation seriously and to speak with our law firm before making any legal decisions.
What Strategies Will Your Lawyer Use to Defend You Against Public Drunkenness Charges?
Every case is different, so we need to investigate your case very carefully before we decide how we can defend you. Some of the more common defense strategies include:
- Proving that your behavior was the result of something other than illegal drugs or alcohol
- Demonstrating that the police detained you without cause, so any subsequent evidence is immaterial
- Showing that you did not present a threat to yourself or anyone else
How do we know which of these strategies might work for you? By investigating all aspects of your case. We can assess every detail of the circumstances leading up to your citation or arrest and decide how best to fight back against the charge or charges.
If You Face Public Drunkenness Charges, Our Lawyer Can Help
Even a summary offense can be a major burden for you and your family. To ensure that the legal system treats you fairly and that you do not have to endure heavier penalties than necessary, call McKenzie Law Firm, P.C., today. We offer free consultations to all callers and are available 24/7.
