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Code of Alabama § 32-5A-221 (2023) states a pedestrian who is under the influence of alcohol or any drug to a degree which renders himself or herself a hazard shall not walk or be upon a highway. This is not a very well known statute but when considering the fact that Reckless Driving is not a lesser included offense of Driving Under the Influence, § 32-5A-221 (2023) has been used by the Stoves Law Firm to achieve excellent results for some of out DUI clients.
In Alabama, it is not explicitly illegal for a pedestrian to be under the influence of alcohol or drugs while using public walkways. However, it is important to know that anyone under the influence can still be subject to various laws if their behavior endangers others or disrupts public order.
For instance, someone could potentially be charged with public intoxication under Alabama Code Section 13A-11-10 if they appear to be under the influence of alcohol or drugs in a public place and are endangering themselves, others, or property, or are causing a public disturbance.
Furthermore, if a pedestrian under the influence is involved in an accident, they could potentially be held liable or partially liable for the accident, depending on the circumstances. For more detailed information, it’s always best to consult with a legal professional. The Stoves Law Firm, P.C. is available to assist you and can be reached at (205) 823-7233.