Possible defenses for public drunkenness charges in Pennsylvania include proving you were not intoxicated, proving your behavior was not disruptive enough to justify the charge, proving you were not in a public place, and proving the police violated your rights.
The strategy you use in your case depends on your circumstances. Not every defense is appropriate for every defendant. Our Montgomery County criminal defense lawyer can investigate your case and decide which approach might work for you.
Defense #1: Proving You Were Not Intoxicated
Under Pennsylvania law, you could be charged with public drunkenness even if you are under the influence of something other than alcohol. Your defense must show that you were neither drunk nor high on a “controlled substance.”
One way to do this is by showing that you have (or had at the time) a condition that can look like drunkenness. Drowsiness, for instance, can slow your reaction times and make it harder for you to focus—both of which are also symptoms of intoxication.
Alternately, we may concede that you were consuming drugs or alcohol at the time but argue that you did not consume enough to meet the legal threshold of intoxication. Also, if you had a prescription for medical marijuana, then your use of that drug was legal and does not justify a public drunkenness charge.
Defense #2: You Were Not Disruptive
To justify a public drunkenness charge in Pennsylvania, the allegedly intoxicated individual must behave in a way that is irritating or threatening to others. This is the most subjective part of the law and can be left open to interpretation: what is annoying to one person may be fine to another.
For example, perhaps the arresting officer claims that a person was wandering through a public park while speaking in a loud voice, and this is why they issued a citation. When the case reaches a court hearing, the defendant’s lawyer says that the defendant was speaking in a normal voice, the way one might do when having a conversation over Bluetooth, and was therefore unlikely to distress anyone in the vicinity.
Unless the officer can produce evidence showing that someone could reasonably have found the defendant’s behavior irritating or disturbing, the public drunkenness charge in this case could be dropped.
Defense #3: You Were Not in a Public Place
The law states that a public drunkenness charge can only be applied if you are “in any public place.” A public place is any indoor or outdoor location where people are free to come and go. Parks, streets, shops, restaurants, and hotel lobbies are all examples of public places.
Your defense attorney might try to show that you were not in a public place. For instance, your backyard is not a public place. Neither are invitation-only events where attendants must pay a fee to get in. If the incident occurred in locations like these, a public drunkenness charge may not be appropriate.
Defense #4: Your Rights Were Violated
With this defense, whether or not you were drunk, in public, or disruptive does not matter. The point is that the police failed to follow proper procedure in your case and you were therefore denied fair treatment by the justice system.
A police officer could make mistakes at any point in their interactions with the defendant:
- They might decide to issue a citation on weak grounds, such as in the hypothetical example outlined above where the officer had no reason to believe the person was creating a public disturbance.
- They may fail to establish whether or not the person is truly intoxicated, either by not running tests or by administering tests incorrectly.
- In the rare cases where a person is arrested for public drunkenness, the police officer must read them their rights as they take the person into custody.
Bringing errors like these to the judge’s attention could prompt the court to drop the case against you.
Which Defense Strategy Is Right for Your Public Drunkenness Case?
Every public drunkenness case is different. A defense that works well for one person might do nothing for (or even harm) another. That is why it is so important to conduct your own investigation and ensure you fully understand why you have been charged before you decide on a strategy.
A criminal defense lawyer can help you with this. Our legal team can:
- Review the citation and any other official records of the incident
- Collect evidence from the scene
- Ask you questions about what you remember from that day
Once we figure out the right defense strategy, we can present your case in court. Your only job that day would be to show up on time and well-groomed, and to be prepared to answer any direct questions.
How Do You Begin Your Defense Against a Public Drunkenness Charge?
Your first step toward defending yourself against a public drunkenness charge is to request a court hearing. The citation you received should give you a choice between making this request and paying a fine. It should also tell you how much time you have to ask for a hearing.
It is imperative that you follow all of the instructions on the citation. If at any point you are unsure of what those instructions are or how to mount a strong defense, you can speak to our law firm. The sooner you hire a defense attorney, the sooner we can explain your rights and ensure your case meets all deadlines and legal requirements.
Our Lawyer Can Defend You Against Public Drunkenness Charges
If you want legal advice about available defenses for a public drunkenness charge in Pennsylvania, call McKenzie Law Firm, P.C., today. We are available 24/7 to assess your case because we understand that arrests and citations can happen at any time of day. Once you hire us, you will have complete and easy access to your attorney throughout your case.
