Any place that is open to the public may constitute a public place for public drunkenness charges in Pennsylvania. This includes both indoor and outdoor spaces.
If you have been charged with public drunkenness, there may be ways to fight that charge so you can avoid a fine and a permanent criminal record. Our Montgomery County criminal defense lawyer can work with you to come up with the right legal strategy.
Where Can You Be Charged With Public Drunkenness in Pennsylvania?
You could potentially be charged with public drunkenness in any place where the public is free to come and go. This includes outdoor spaces like:
- Parks or nature preserves
- Streets and public walkways
- School grounds
- Public swimming pools or other recreational areas
It also includes indoor spaces where anyone is welcome to enter and do business, such as:
- Stores
- Restaurants and bars
- Theaters
- Office buildings
Locations like hotels or apartment buildings may or may not constitute a public place, depending on where in the building you are. Staying in your own room is not public drunkenness, but being disruptive in a lobby or other public area is.
Is Drinking in Public Illegal in Pennsylvania?
No, you are allowed to drink in public in Pennsylvania. Simply drinking alcohol should not lead to legal trouble. Pennsylvania’s public drunkenness statute says that you are only at risk of a public drunkenness charge if you threaten someone’s safety (intentionally or otherwise) or engage in disruptive or annoying behavior.
What Behaviors Could Lead to a Public Drunkenness Charge?
Repeatedly approaching someone you do not know or who has asked you to leave, claiming you are going to hurt yourself or someone else, or claiming you are going to destroy private property are all examples of actions that could lead to charges. Even if no one is ultimately harmed, the alleged threat of harm is enough.
To an extent, this is a subjective assessment. Behavior that one person finds objectionable might not seem that bad to someone else. It may be possible to use this fact in your defense by arguing that your behavior was not serious enough to justify a criminal charge.
What Happens if You Are Accused of Public Drunkenness?
If someone is disturbed or feels threatened by your alleged actions, they might call the police. The officer will then have to determine if you really are drunk or high. If they decide you are, they will issue a citation. It is rare that someone is arrested for public drunkenness: the citation is usually the only immediate consequence.
The citation will give you a choice:
- Pay a fine. This could be as much as $500 for a first offense and as much as $1,000 for a second or subsequent offense.
- Go to court. A court hearing gives you the chance to explain your side of the story to a judge and potentially get the charge dismissed.
You have a very limited time to respond to the citation, so you will want to weigh your options quickly. Our defense attorney can ensure you understand the implications of each option so you can make an informed decision.
How Can You Get Your Public Drunkenness Charge Dismissed?
Possible defenses differ from case to case. The sooner we start investigating your case, the sooner we can figure out how to approach it.
One possible defense to a public drunkenness charge is showing that you were not in a public place at the time. For example, if you never left your driveway, or if you were at a party that was closed to anyone who did not have an invitation or pay a fee, we could argue that your case does not meet the requirements of a public drunkenness charge because you were on private property. Photos, video, and eyewitness statements can all help to establish your location and support this defense.
Other potential defenses include:
- Showing that the police failed to establish whether or not you were drunk
- Demonstrating that the police violated your rights in some other way
- Arguing that your actions did not threaten or upset anyone enough to justify the charge
- Arguing that the proposed fine is too high given the circumstances and that it should be lowered
Once we decide on a defense, we can present it at your court hearing. The police will also present their side of the story, so we will have to directly counter their accusations and any evidence they use to try to prove you are guilty of public drunkenness.
With a strong enough case, we can get the charge against you dismissed, and you do not have to pay the fine.
What if You Face Other Charges in Addition to Public Drunkenness?
Depending on the circumstances, you could face multiple alcohol- or drug-related charges at the same time. If this happens, you will need to build a strong defense against each of the charges, some of which may be considerably more serious than public drunkenness.
Our attorney understands how a public drunkenness charge can intersect with other criminal offenses. We can carefully investigate all of the charges against you and figure out how best to fight for a dismissal, a reduction, a plea deal, or an acquittal.
We Can Defend You Against Public Drunkenness and Other Charges
Even a relatively minor charge like public drunkenness can upend your life. As a former prosecutor, David McKenzie is familiar with the tactics often used to secure convictions against people like you—and how to counteract those tactics. Call McKenzie Law Firm, P.C., today for a free consultation if you have questions about your rights, what constitutes a public place in Pennsylvania, and how to fight the charges.
