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Public Intoxication Charge and Penalties
In the United States public intoxication laws are determined by each state, so there is a fairly wide and broad definition. In general terms it is a type of disorderly conduct where an individual, under the influence of alcohol or drugs, is behaving in a disorderly or disruptive way in a public venue. This can include being passed out or loitering in an area while under the influence.
Public Intoxication Penalties
States will have different options for penalizing those found guilty of public intoxication charges. These options range from a sobering up period in jail through to court ordered alcohol or drug counseling, fines and other charges if injuries occurred or if the individual was in control of a vehicle. In some states the penalties are very stiff including up to 30 days in jail, a thousand dollar fine and counseling. Repeat offenses can result in up to 2 years in jail.
Public Intoxication Sentencing
Judges are typically very concerned about issues such as public intoxication and tend to order rather stiff penalties even with a first offense. Having an attorney to represent you in court is the best way to ensure all the facts of the case are heard, as well as to provide information to the judge on any mitigating factors. Attorneys can also bring witnesses forward to speak on your behalf, helping the judge to understand this is not a typical pattern of behavior.
Hire A Lawyer For Public Intoxication Charges
Although it may seem less costly to simply plead guilty and complete some community service and counseling, having a Public Intoxication charge on your criminal record can have serious consequences. Hiring an attorney to help you defend yourself in the charges can help to keep your criminal record clear or to get you the lowest possible sentence. Keep in mind that sentencing becomes progressively harsher with charges already on your record, so dealing with each charge is important both now and in the future.
- If you have been charged with Public Intoxication, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Public Intoxication: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | not to exceed $200 | not to exceed 30 days | Varies by Case | |
| Alaska | $1,000-$2,950 | up to 6 months | up to 1 year | Judge may suspend license for a year. |
| Arizona | up to $500 | 0-7 days | up to 1 year | Judge can order community service. |
| Arkansas | $0 - $100 | 0 months - 1 months | to be defined by the court depending on the severity of the offense. | |
| California | up to $1,000 | up to 1 night | up to 6 months | In CA, usually have to pay a fine, spend the night in jail to sober up, and community service. |
| Colorado | $400-$900 | taken to jail until you sober up 1-2 days | 3 to 6 months | community service |
| Connecticut | 1000 | 30 days | Varies by Case | Community service, and drug classes. |
| Delaware | 1000 | 1 month | 6 months | community service |
| District of Columbia | not more than $500 | not more than 90 days | Varies by Case | |
| Florida | up to $50 | up to 30 days | Varies by Case | |
| Georgia | not to exceed $1000 | not to exceed 12 months | not to exceed 12 months | |
| Hawaii | Varies by Case | no state-level law | no state-level law | |
| Idaho | $1000 fine plus up to an additional $1950 for penalty assessment. | up to 6 months | Varies by Case | |
| Illinois | $150.00-$200.00 | 2 months | 6 months | community service |
| Indiana | up to $1000 | up to 180 days | Varies by Case | |
| Iowa | up to $1000 | up to 30 days | Varies by Case | Aggravated Public Intoxication punishable by up to 2 years in prison |
| Kansas | 500 | 2 months | Varies by Case | Driving licence may cancel |
| Kentucky | $250.00-1000 | 5 years | 6 months | community service |
| Louisiana | $300-1,000 | upto 18 months | 1-2 years | |
| Maine | Varies by Case | no state-level law | no state-level law | Maine's state-level public intoxication statute was repealed in 1973 |
| Maryland | up to $100 | up to 90 days | Varies by Case | |
| Massachusetts | Varies by Case | up to 6 months | Varies by Case | |
| Michigan | Varies by Case | no state-level law | no state-level law | No public intoxication law per se. People might be charged with catch-all "disorderly person" misdemeanor carrying penalties of up to 90 days in jail and fines up to $500. |
| Minnesota | Varies by Case | no state-level law | no state-level law | |
| Mississippi | $250-10,000 | 1-3 years | 1-5 years | |
| Missouri | $45-2,000 | 6 months | 57-71 months | community service |
| Montana | Varies by Case | Varies by Case | Varies by Case | public intoxication in Montana is not a crime per Montana statues 53-24-107 |
| Nebraska | $1,000-3,000 | 2-5 years | 5-24 months | |
| Nevada | Varies by Case | Varies by Case | Varies by Case | |
| New Hampshire | up to $300 | Varies by Case | discretionary | possible license suspension |
| New Jersey | $0-$1250 | 0-90 | Varies by Case | commuinty service |
| New Mexico | $200 - $1000 | 18months | 1-2 years | community service |
| New York | 1st Conviction - | Varies by Case | 2nd Conviction | |
| North Carolina | $0-500 | 1 month | 2 months | |
| North Dakota | $1,000 fine plus up to an additional 1,950 in penalty assessments | 6 months | Varies by Case | 6 months driver's license suspension; car impounded for 30 days |
| Ohio | $0-100 | Varies by Case | Up to one (1) year | |
| Oklahoma | $10 - $100 | 5 days to 30 days | Varies by Case | |
| Oregon | Varies by Case | Varies by Case | Varies by Case | License Suspension 1st Offense: 90 days,License Suspension 2nd Offense: 1 year |
| Pennsylvania | 1500 | 30-days max. | Varies by Case | Class C Misdemeanor, not more than 30 days in jail maximum 1,500 fine. |
| Rhode Island | $1,000 fine plus up to an additional 1,950 in penalty | 6 months | Varies by Case | |
| South Carolina | 1000 | 30 days | Varies by Case | counseling |
| South Dakota | Upto 50 $ | 30 days | Varies by Case | |
| Tennessee | not to exceed $50 | not to exceed 30 days | Varies by Case | |
| Texas | not to exceed $500 | Varies by Case | Varies by Case | |
| Utah | up to $750 | up to 90 days | Varies by Case | Public Intoxication is a Class C Misdemeanor |
| Vermont | $100-$500 | 1 night-7 days | up to 6 months; not usually given | Judge may order community service. |
| Virginia | 250 | upto 12 months | Varies by Case | upto 100 hrs. community service |
| Washington | $200-$1000 | up to 90 days | up to 1 year | Judge may order community service. |
| West Virginia | $1000 -250000 | 6-18 months | 5-25years | |
| Wisconsin | Varies by Case | no state-level law | no state-level law |
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