Criminal Defense Lawyers Who Are Successful At Reducing, Dismissing or Preventing Public Intoxication Charges
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Public intoxication law has long been a heavily-debated topic in society. Those who oppose public drinking—which sometimes leads to public intoxication—argue that individuals should be forced to drink privately, thereby cutting back on excessive rowdiness and unnecessary violence. Those who support the right to drink in public, contend that the actual act of drinking in no way is a direct link to problems or brings harm to anyone. Those who support the right to drink publicly often point to countries whose statistics for violence are low and where public intoxication is not illegal.
Public intoxication is a tricky issue with strong voices on both sides of the argument.
Because the U.S. Constitution—specifically as it relates to Article One—gives no power to the United States Congress to govern public intoxication under any federal law, each individual state retains the authority to determine public intoxication laws as it suits them. As a result, public intoxication charges—how they are defined and how guilty parties are dealt with—vary greatly from state to state. As such, it is important to hire a criminal defense attorney who can successfully navigate the waters of the law and reduce, dismiss or even prevent the filing of public intoxication charges.
It is important to note that public intoxication and drinking in public are not the same thing. And though drinking in public, (i.e., not in a public establishment where alcohol is permitted), is almost always outlawed or at least looked at negatively in the U.S., laws are not always clear about what that means—or what extent public intoxication charges can be filed. Reverberations from the famous temperance movement in the U.S. have often caused people to be overly-sensitive toward any sort of drinking in public. Criminal defense lawyers are well-equipped to handle the fine line between public intoxication and the right to drink in various places at various times.
Open container laws are typically laws against public drinking. These laws exist because law enforcement views the presence of open containers to mean alcohol is currently being consumed. This adds yet another hurdle for those facing public intoxication charges—because it is far more difficult to prove that someone has actually been drinking than it is to prove that a container was opened. However, loopholes in certain laws allow for the public consumption of alcohol—such as during sporting events or on the campuses of various colleges.
While it is clear that public intoxication is frowned upon in the United States as a whole, there is certainly room for controversy. Because of the fine line between public drinking and public intoxication—as well as the loopholes in the system—a highly-skilled public intoxication attorney or public intoxication lawyer should be involved with these cases. Individuals charged with public intoxication should seek the immediate advice of one our criminal defense attorneys who can discuss the details of the law and determine the course of action necessary to pursue available options.
If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us 24/7 at (866) 847-1247 for a FREE confidential consultation.
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