The main penalty for public drunkenness in Pennsylvania is a fine. You could be forced to pay up to $500 for a first offense and up to $1000 for each subsequent offense.
These fines can be a significant burden for families, as can the resulting criminal record. Our Montgomery County criminal defense lawyer is here to minimize both the short- and long-term penalties you face if charged with public drunkenness and other, related offenses.
Can You Be Sentenced to Jail for Public Drunkenness?
If you are charged only with public drunkenness, you probably will not go to jail. Pennsylvania law says that a fine is the only penalty in these cases.
If, however, public drunkenness is just one charge among several that you are facing, jail or prison time might be a possibility. For example, among the possible penalties for driving under the influence (DUI) is time behind bars. The length of your sentence depends on your blood alcohol content (BAC) level and whether or not this is your first offense, among other things.
When Is it Illegal to Be Drunk in Public in Pennsylvania?
Drinking or even being “buzzed” in public is not in and of itself a crime. It only becomes illegal if you engage in dangerous or disruptive behavior, such as darting into traffic or approaching strangers in a loud or rude manner.
Depending on the situation, the police may issue a citation rather than arresting you. This citation will order you to pay a fine or request a court date. You have a limited time to respond to the citation, so it is a good idea to consult with a lawyer about your options right away.
If you fail to respond to the citation within the deadline, or if you are accused of committing another crime while drunk (e.g., stealing property or starting a fight), you may be arrested and face additional charges.
How Serious Is a Public Drunkenness Charge?
By itself, public drunkenness is not as serious as other crimes involving drugs or alcohol. It is graded as a summary offense, which is the least serious type of crime you can be charged with.
However, as previously discussed, the presence of additional charges can quickly raise the stakes. Charges like DUI, possession, and criminal mischief can all result in much more serious charges and onerous penalties. When combined with the fines associated with public drunkenness, the effects on your life may be difficult to cope with:
- You might have to spend time behind bars, which can affect your personal and professional life as well as your mental health.
- You might lose your job and have trouble finding a new one thanks to your criminal record.
- Your relationship with your family, friends, and community could be permanently altered as their view of you changes.
- You may struggle financially due to the fines and your inability to find work.
Even a public drunkenness charge by itself can be highly disruptive if you have a lot of responsibilities at home or at work, or if you have a record. The last thing you want to do is try to deal with a criminal charge or worry about fines when you have so much else on your plate.
How Do You Protect Yourself Against Public Drunkenness Penalties?
A good way to ensure you fully understand and take advantage of your rights is by speaking with our criminal defense attorney as soon as possible. Tell us everything you know about the case and be completely honest. The only way we can come up with the right defense is by having all the facts.
Possible defense strategies we might use include the following:
- You were not drunk: Maybe you were simply tired after a long day, and your exhaustion mimicked drunkenness.
- You were not behaving in a disorderly manner: Again, being drunk is not inherently a crime, so we might argue that your behavior does not meet the threshold described by Pennsylvania’s public drunkenness law.
- The police violated your rights: Perhaps the officer failed to run tests to confirm you were drunk or did not read you your rights as they arrested you.
Based on the facts of your case, we might be able to get the fine reduced or even get the case dismissed.
If you are facing other charges, we will consider each one very carefully and decide the best way to fight them, both individually and collectively. We may argue for a dismissal or a reduction of the charges, or we might negotiate a plea deal. With a deal, you would agree to plead guilty in exchange for lighter penalties.
What Happens When Your Public Drunkenness Case Is Over?
If you are convicted, you will have to pay the fine. If you are found not guilty, you are free to go. However, the public drunkenness arrest will still be on your record unless and until you successfully petition for expungement.
The prospect of having to pay a fine or live with a criminal record is daunting for many. Know that you have options. Our defense attorney can walk you through the entire process. We know you want to get back to your normal life as soon as possible. We can work hard to make that happen.
If You Are Accused of Public Drunkenness, Call Our Pennsylvania Lawyer
McKenzie Law Firm, P.C., understands that facing even a “minor” offense can be frightening and upsetting. It can help to hire an attorney who is familiar with these cases and can tell you everything you want to know about what the penalties are for public drunkenness in Pennsylvania—and how to minimize those penalties. Call us now for a free consultation to learn more.
