It is up to the police officer or the judge in your case to decide what the fine is for a first offense of public drunkenness in Pennsylvania. State law says that the fine they impose cannot be more than $500.
Even this relatively modest fine can be a major burden for families. You have the right to fight a public drunkenness fine by hiring our Montgomery County criminal defense lawyer to defend you at a hearing.
How Fines Work in Public Drunkenness Cases
Pennsylvania’s public drunkenness statute explains clearly what the maximum fines are for this charge:
- For a first offense, you can be fined up to $500.
- For each subsequent offense, you can be fined up to $1,000.
Unlike most summary offenses, public drunkenness does not generally involve the risk of jail time. Unless there are mitigating factors, such as additional charges, you do not have to worry about spending time behind bars if you are convicted.
Instead, if an officer decides you have violated the public drunkenness statute, they may not even arrest you. You will likely receive a citation that gives you the option of either paying a fine or requesting a court hearing. This decision can have a big impact on your future, so it is a good idea to consult with a lawyer before settling on a course of action.
When You Could Be Fined for Public Drunkenness in Pennsylvania
You might face a fine if, while drunk or high in a public space, you engage in behavior that upsets or feels intimidating to others. The police might charge you with public drunkenness if they have reason to believe you:
- Made remarks or gestures that were loud, obscene, or otherwise disruptive
- Made threats against yourself or others
- Engaged in behavior that could be seen as threatening to yourself or others or to private property
Yelling at others, kicking someone else’s car, breaking objects, or declaring your intention to commit an act of violence are all examples of behavior that could lead to a public drunkenness charge.
The police will also need to determine if you are really intoxicated. This is an important step that some officers might miss. If they simply assumed based on your appearance that you were drunk, this could open the door to a possible defense against the charge.
Do You Have to Pay Your Public Drunkenness Fine?
If you are convicted in a court of law, then yes, you will have to pay your fine or risk facing additional legal trouble. Before your case gets to that point, you can ask for a court hearing to fight the charge.
Your lawyer can prepare for the hearing by collecting evidence to learn exactly what happened. Based on what we find, we may recommend one of the following defense strategies:
- You were not drunk: Certain medical conditions or even simple exhaustion can make a person appear drunk when they are not.
- You were not in public: Private locations are not covered by this statute.
- Your actions were not disruptive: We might argue that your actions are not serious enough to warrant a public drunkenness charge.
- Your rights were violated: The police must have good reason to believe you were both intoxicated and disruptive to issue a public drunkenness citation.
At the hearing, your legal representative will present your case to the judge and try to counter the accusations leveled by the police. The judge will consider both sides of the story and decide whether or not the charge is justified. If they decide it is not, you are no longer obligated to pay the fine.
How Would a Fine Affect Your Life?
For many families, $500 is a significant amount of money. You depend on this money to pay for utilities, groceries, and other essentials. Having to spend it on a fine could be devastating. You may even have to go into debt to cover the expense. For this reason, while it might seem easier in the short term to just pay the fine and move on, the consequences can be much more serious than you expect.
You naturally want to do all you can to avoid putting yourself and your family through such a financial strain. One way to protect yourself is by getting a free consultation from a law firm. We can tell you what options you have and which one might best serve your needs.
What Happens After Your Public Drunkenness Case Is Over?
If you pay the fine, either because you are compelled to or because you do not want to go through a court hearing, this conviction will go on your permanent criminal record. Even if you successfully fight the charge in court, your record will show that you were arrested for public drunkenness.
Either way, having a criminal record can limit your options in many areas of your life, including housing, education, and the job market. It could also affect your reputation—anyone who runs a background check will see the charge and/or conviction—which in turn can impact your self-image and mental health.
Fortunately, public drunkenness is a summary offense, which means you are most likely eligible to request expungement of your record. By following the proper procedure, you can wipe the slate clean and move on with your life.
Fight Your Public Drunkenness Charge by Hiring Our Law Firm
Even if this is your first offense, a public drunkenness charge in Pennsylvania should be taken seriously. You do not face just a fine: your criminal record, and therefore your future, is on the line. Get a free consultation about your case by calling McKenzie Law Firm, P.C., today. We measure our success by your success.
