Description
If you are Drunk in Public you may be charged with a crime. The law allows that any person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of such, or who obstructs any public walkway may be charged with a misdemeanor.
What does the prosecutor have to prove?
1. Defendant was in a public place.
2. Defendant was under the influence of intoxicating liquor, a drug, or controlled substance, toluene, or a combination of intoxicating liquor, drug, controlled substance, or toluene.
3. Defendant was unable to exercise care for his or her own safety or the safety of others. or
3. Defendant interfered with, obstructed, or prevented free use of a street, sidewalk or other public way by reason of Defendant being under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene.
Punishment
Misdemeanor: 0-180 days