In addition to the various DUI and DWI charges that are often associated with alcohol, there is also the charge of public intoxication, which seems to be a catch-all for those under the influence of mind-altering drugs, but not behind the wheel of a vehicle. While you cannot be arrested simply for being drunk in public, the charge of public intoxication can sometimes turn into just that. Utah laws and police officers deal harsh penalties for publicly being under the influence.
The charge of public intoxication is confusing; arrests under this heading usually come off as entirely subjective and appear to be up to what the police officer who made the arrest was thinking about the situation. The actual wording of the Utah Law states that “a person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to the degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons” (Title 76, Chapter 9, Section 701).
The problem with this is who determines endangerment? Even if the police officer determines you to be a danger to others, you may not be a danger, merely an annoyance, and the two are different things. More than that, an officer may arrest you for public intoxication if you are determined to be a danger to your safety, to say nothing of those around you. This arrest also comes whether you are in a typically designated public place, like a downtown bar, or even if you are at home and have been determined to be unreasonably disturbing to those around you.
A conviction for a charge of public intoxication can leave you with a jail sentence of up to 90 days and a fine of up to $750 – and if you have been arrested on the charge of public intoxication, you need a lawyer to help you get this charge off your record. A conviction for public intoxication can even lead to having your driver’s license suspended, and it will leave a black mark on your record that can have lasting consequences for your future employment, housing, and schooling.
If you have been arrested for public intoxication, give us at the Ault Firm a call today. We know the ins and outs of the legal system, and we can defend you from what could be a false arrest, and help you keep your record clean. Call today to schedule your consultation.
(See our webpage on public intoxication for more information.)