With Spring and Summer upon us the possibility of obtaining a Public Intoxication charge becomes more of a possibility with the police on the lookout for spring breakers and summer vacationers.  Here are some things to keep in mind if you are stopped for seeming intoxicated or if you are arrested for Public Intoxication.

Public Intoxication in Alabama is Considered a Violation

If you find yourself charged with Public Intoxication, it is important to keep in mind that this is considered a violation in the state of Alabama. This means you could face a fine up to $200.00 and up to 30 days in jail. Because Public Intoxication is a charge to which you can face jail time, it is important that you respect the officer even if you don’t agree with him or her arresting you, and to hire an experienced criminal law attorney to minimize the possibility of you serving jail time.

Elements of Public Intoxication In Alabama

Intoxication: In order to be found guilty of public intoxication, you have to actually be intoxicated. This can be proven in several ways. One way is to blow in a breathalyzer. So, the question is should you blow into a breathalyzer test if asked by an officer? Generally, the answer to this question is yes, especially when it relates to a DUI in Alabama. However, for a public intoxication charge, it might be a smart idea to refuse to blow. Breath and blood tests are not the only way the Prosecution can prove intoxication. This can also be done through your behavior and speech. So, it is important to remember to act as sober and polite as possible if stopped by the police.

Public Place: In order to be charged with public intoxication you actually have to be charged in a “Public” place. At trial, if you were in a private area and the officer forces you away from that private area and arrests you for public intoxication then this may constitute a form on entrapment that an experienced attorney might be able to use to his or her advantage.

Behavior: The last requirement the prosecution has to prove in Alabama to convict a Defendant of public intoxication is their behavior. To be convicted, a person’s behavior has to rise to a “degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity”. Ala. Code. § 13A-11-10. A plain reading of the statute suggests that one has to be acting out of the ordinary.

If you are charged with public intoxication in Alabama, call the criminal defense attorneys at J.P. Coleman Law, LLC. The lawyers at J.P. Coleman Law, LLC have represented numerous clients in Baldwin County, Alabama and know what the police are and are not allowed to do. The initial consultation is free, so call 251-947-6247 to set up a free consultation or visit their website at www.jpcolemanlaw.com to learn more.