The term “public intoxication” is somewhat antiquated. That is because the nature of this charge is not exclusively dependent upon being in a public place. A person can be charged with intoxication in either a public or private residence. In public, an individual can be charged if they are intoxicated enough to pose a risk to themselves or others. In private, the same can happen should the person be in a state where they can “unreasonably disturb other people.” The language in these statutes leaves a lot of room for discretion on both the arresting officers and judges later on.
In general, it is not enough to be drunk to be charged. The term endangers to come into play, and there needs to be a reasonable likelihood that an individual can impose harm on someone else. An example would be an intoxicated person making aggressive stances or standing in such a manner that would indicate they are about to strike.
Penalties for Intoxication
In Utah, intoxication charges are a Class C Misdemeanor. This means that the maximum fine is $750 and up to 90 days in jail. However, most people will find that the penalties are around $200 with little to no jail time. In the grand view of possible criminal charges, this is relatively minor. However, these charges can be associated with other criminal offenses. As we know, drugs and alcohol will impede an individual’s ability to make rational choices. So it is likely that an intoxication charge follows other, more serious offenses.
What can be done about your intoxication charge?
For many people, an intoxication charge is a result of taking things too far one night. Perhaps you were out for a night on the town with your friends, and things turned south. If you have little to no criminal record, it is unlikely that an intoxication charge would result in life-changing consequences. For the most part, people are interested in working with local defense attorneys because it increases the possibilities these charges will be removed from their permanent record. This is primarily a concern for future potential careers or admittance into individual schools or training programs. If you have been charged with intoxication and would like to learn more about your legal options, call The Ault Firm today to request a case review.