How Much Do You Have to Drink to Be Publicly Intoxicated?
Even though Tennessee law is clear when it comes to driving impaired, with a blood alcohol content (BAC) of 0.08% or greater being considered driving under the influence, the same delineation does not apply to public intoxication. If you are intoxicated in public to a point in which others feel endangered, if you are understandably annoying others, or you are behaving in a way that places you in danger, you may be charged with public intoxication. There is no set number of drinks or set BAC to be charged with public intoxication. Instead, a public intoxication charge is determined primarily by a person’s behavior, not their alcohol level.
The humiliation of a public intoxication charge alone can make you afraid to step outside your front door. You may feel anxious that your co-workers will find out about your charge, making them avoid you in the office. At Andrew C. Beasley, PLLC, we understand these concerns and are here to help. If you have recently been arrested or charged with public intoxication, our Davidson County criminal defense lawyers are more than happy to clear your good name and preserve your reputation.
How Does Tennessee Law Define Public Intoxication?
A person is considered public intoxicated if they are endangering others, themselves, or unreasonably annoying others in a public place. Generally, there must be some indication that the offender has been drinking, whether it be an open beer can or signs of impairment such as slurred speech, stumbling, or speaking unusually loudly. Public intoxication is a type of disorderly conduct offense, which is a lesser offense under the law. Under state law, public intoxication is a Class C misdemeanor, punishable by a maximum of 30 days in prison and/or a fine of $50.
Does the Number of Drinks Affect a Public Intoxication Charge?
The answer to this question is not simple. Generally, the amount of alcohol a person drinks directly correlates with their level of impairment. However, how much food or water a person consumes, their body weight and composition, and their level of alcohol-metabolizing enzymes all factor into a person’s alcoholic tolerance. So, though the number of drinks is often related to how inebriated a person is, there are other aspects at play that could cause someone to be less inebriated than a person who consumed more alcoholic beverages. Therefore, the number of alcoholic drinks is only one factor in a public intoxication charge.
Why You Need Experienced Representation
If nobody was harmed and no property damage occurred, you may assume that your public intoxication charge will be dropped. Think again. Prosecutors are eager to pursue public intoxication and other disorderly conduct charges, with the government more inclined to offer a plea bargain. Given the confusion and panic that a defendant is under, they are more likely to agree to a plea bargain, coming with a reduced sentence or even an option for performing community service or undergoing a substance abuse treatment program. While this may seem like a great deal, you will still have a criminal conviction on your record.
Before you agree to anything, it is important that you speak with a criminal defense lawyer. The Davidson County criminal defense attorneys at Andrew C. Beasley, PLLC, understand that being arrested can be a highly emotional event, but your legal decisions should not be. Even at the moment of your arrest, our legal team can help ensure that your Constitutional rights are being upheld and even discuss reducing charges with a prosecutor. If you are worried about the effect your charge will have on your future, then your first call should be to our legal team.
Speak with a Davidson County Criminal Defense Lawyer Today
A public intoxication charge can be distressing. Any behavior that disrupts the public peace is known as disorderly conduct, meaning that the State can file charges against you. At Andrew C. Beasley, PLLC, our team of professionals is dedicated to helping defendants serve the least amount of jail time possible. If you are interested in arranging your free consultation with one of our Davidson County criminal defense attorneys, do not hesitate to contact our office online or by calling (615) 846-9889 today.