Can I Get Arrested for Public Intoxication in Tennessee?

 Posted on October 21, 2024 in Criminal Defense

A fun night out in Knoxville can quickly turn sour if you find yourself facing a public intoxication charge. Whether it was a little too much fun on Market Square or some ill-timed antics after a UT game, it is important to understand what public intoxication charges mean in Tennessee, what the potential consequences are, and how an experienced criminal defense attorney can help you fight the charges.

What Counts as Public Intoxication in Tennessee?

In Tennessee, public intoxication is defined under Tennessee Code 39-17-310. Essentially, it is illegal to be drunk or under the influence of drugs in a public place if you are:

• Endangering yourself or someone else

• Causing a disturbance

• Being unreasonably annoying to those around you

Keep in mind, simply having alcohol in your system is not enough to get charged. You need to be causing some kind of trouble or danger, so it is not illegal to be happily tipsy while enjoying the local Knoxville nightlife — unless things get out of hand. Unfortunately, the line between "having a good time" and "being a public nuisance" can sometimes be blurry.

Can You Be Arrested for Public Intoxication?

Yes, you absolutely can. The police are often called in when someone is acting in a way that is disturbing others or potentially putting themselves in danger. You could be arrested for public intoxication in situations like:

• Arguing loudly with friends or strangers

• Stumbling into traffic

• Passing out in a public area

• Harassing passersby

If you are arrested, it will result in a trip to the local jail, where you will need to sober up before being released. This usually happens after a few hours or an overnight stay.

What are the Penalties for Public Intoxication?

Public intoxication is considered a Class C misdemeanor in Tennessee, which means that while it is not the most serious offense, it still comes with penalties you will want to avoid. These include a fine of up to $50, court costs that can increase the total cost significantly, and the possibility of a criminal record, which could haunt you when applying for jobs, housing, or educational opportunities. Unless this is a repeated offense or there were other factors (such as an attempted assault), you will likely not face jail time.

Although the fines may not seem severe, the criminal record that follows can be the bigger issue. A public intoxication charge can lead to long-term consequences far beyond one wild night in Knoxville.

How to Fight a Public Intoxication Charge

Do not assume that a public intoxication charge is something you simply need to accept. There are several defenses available, depending on the situation, including:

• Challenging whether you were actually intoxicated: Maybe you were tired or ill but not intoxicated. Medical conditions or other factors could explain your behavior.

• Questioning whether your actions were a public nuisance: You might have been drunk, but if you were not causing harm, the charges might not stick.

• Unlawful arrest: If the police did not follow proper procedures, you could have grounds to fight the charge.

Working with an experienced Knoxville attorney who understands public intoxication laws can make all the difference in getting your charges reduced or even dismissed.

What Should You Do if You Are Arrested for Public Intoxication?

If you are arrested for public intoxication, it is important to remain calm and cooperative with the police. Once you are released, your next step should be to contact a skilled attorney who can evaluate your case. An attorney will be able to guide you through the legal process, explain your rights, and help you build a defense tailored to your situation.

Contact a Knoxville, TN Public Intoxication Lawyer

If you or someone you love is facing public intoxication charges, do not panic. Help is available. The Knox County, TN public intoxication defense attorney at The Baker Law Firm is here to guide you through the legal process and fight for the best possible outcome. Contact us today at 865-200-4117 for a free consultation. Let us help you move past this mistake and get back to enjoying all the good things Knoxville has to offer.