Birmingham Public Intoxication Attorney

Public Intoxication is a common charge that individuals may face under certain circumstances. It is often also referred to as “drunk and disorderly” or “public drunkenness”. It occurs when a person is out in public under the influence of alcohol, narcotics, or other drugs to the degree that they are a danger to themselves or others, or by causing a public disturbance. In Alabama, this offense is governed by Code of Alabama (1975) § 13A-11-10. Jason Stoves, a Birmingham Public Intoxication Defense Attorney can help you if you have been charged with Public Intoxication!

It’s important to note that according to the statute, the person must be in a public place; this could include streets, highways, inside or outside of buildings that are open to the public, parking lots, parks, and more. The law also emphasizes the aspect of causing a disturbance or endangering oneself or others, rather than simply being under the influence of a substance. This offense is also different from driving while intoxicated because the statute only requires that a person be intoxicated in public, usually as a pedestrian.

While the law might seem straightforward, there can be complexities in its interpretation and application. For instance, what constitutes a “public disturbance” can vary by case and is often subjective. Similarly, “endangering oneself” or others can be interpreted differently based on the situation and the specific facts of the case. This means it is important that your defense attorney make a case-specific investigation into your case to determine any possible defenses you may have.

It is crucial to understand that an individual does not have to be causing a disturbance to be charged with public intoxication. Simply being under the influence of alcohol or drugs in a public place can lead to a charge if the person is perceived as a potential threat to themselves or others.

Contrary to popular belief, you can also be charged with public intoxication even if you’re not visibly intoxicated. The law does not specify a specific level of intoxication for a charge to be made. Instead, it focuses on the behavior of the individual and their potential to cause harm or annoyance.

Public intoxication is a serious misdemeanor offense that can have significant consequences. Penalties for public intoxication in Alabama can include fines, community service, probation, or even jail time. However, the severity of the penalties often depends on the circumstances of the case, including any prior convictions the defendant may have. It’s important for anyone facing such charges to understand their rights and potential defenses.

Defenses against public intoxication can include disputing the location of the offense or whether it was truly public or not. We can challenge whether the defendant was actually under the influence of a substance and whether they were truly posing a threat to themselves or others. Each case is unique and requires a careful examination of the facts and applicable law.

If you or a loved one has been charged with public intoxication under Code of Alabama (1975) § 13A-11-10, it’s crucial to seek legal representation. You need a defense attorney that will fight to protect your rights and freedom. Jason Stoves, a Birmingham Public Intoxication Defense Attorney can help you if you have been charged with PI! Contact us today at (205) 823-7233 for a consultation.