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Public Intoxication

Criminal Defense Attorney For Public Intoxication In Indianapolis

Have you been charged with public intoxication in Indianapolis? While most of these cases are misdemeanors, they can still bring about emotions such as stress and fear of the future. Public intoxication charges and convictions can cause a damage to your career and relationships. When you are arrested, it is important to hire an experienced defense attorney right away. Patel Defense is experienced in creating solid defense plans that will maintain your integrity and freedom.

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If you have been charged with public intoxication in Indianapolis, do not hesitate to contact Patel Defense for a FREE case evaluation.


What Is Public Intoxication?

In Indiana, public intoxication is defined as being intoxicated by use of alcohol or a controlled substance in a public place. This action is prohibited if a person:

  • Endangers their own life
  • Endangers the life of another
  • Generally disrupts the peace
  • Harassing others

Intoxicated is defined as under the influence of alcohol, a controlled substance, or any other drug that causes you to be impaired and lose control. It is not illegal to be intoxicated in public in Indiana, so long as you are not performing any of the actions mentioned above.

In Indiana, the police have some discretion in how they want to handle a person who is accused of public intoxication. Public intoxication is a crime that is punishable by jail time, fines, probation and/or community service. If the person who is intoxicated is unmanageable, causing damage, or endangering their life or that of another, the arresting officer will likely take them to jail and allow them to sober up. If the person who is intoxicated is manageable, not being disruptive, and endangering lives, then the officer can choose to issue a citation. This works similar to a traffic ticket and carries a fine but no jail time. The arresting officer will likely take the person home or to a treatment facility.

Defending Public Intoxication Charges

While it may seem that if you are arrested for public intoxication then you will be found guilty, there are several defense options for public intoxication in Indiana. When you hire an experienced defense attorney you will be taking a step toward protecting your rights and freedoms. When you are arrested for public intoxication, it is important to remain calm and ask for an attorney. Often times, when people are being arrested, they become combative and resist. This only makes your case worse and can cause more damage.

An experienced defense attorney will create a solid defense strategy that is designed to fight against your charges. Some of the most common defenses are:

  • Not intoxicated – A defendant can argue that he or she was not intoxicated at the time of the arrest by showing evidence such as a breathalyzer test.
  • Not harassing others – A defendant can argue that he or she was not being disruptive by providing witnesses.
  • Not a public place – A defendant can show that the arrest was not made in a public place or place of public resort.
  • Prescription medication – A defendant can argue that they were under the influence of medication that was taken under the supervision of a licensed medical professional.