Spending time out with friends and having a few drinks is a common way to unwind, especially during the summertime. But if alcohol leads to disruptive behavior in public, it could result in a public intoxication charge. Many people are not informed as to the laws pertaining to public intoxication, but if you are going to take part in drinking with friends (which certainly is not illegal), being informed as to how to do so lawfully could save you from a night you regret. This article clarifies the basics of the law surrounding public intoxication, what to expect if you are cited and how to have a good time lawfully and responsibly.

What is a Public Intoxication Charge?

Under NCGS § 14-444, public intoxication is a bit misleading. Being intoxicated in public is not the actual charge. Meaning you just being intoxicated in public is not a crime. As outlined in the North Carolina Court of Appeals in State v. Cooke, there must be an element of disruption in order for this charge to be valid. To be charged with public intoxication, the alleged must be intoxicated, in a public place, and be disruptive. Being disruptive under this statue includes begging, cursing, shouting at, or rudely insulting others, fighting or challenging others to fight, grabbing, shoving, or pushing others, or interfering with entrances, sidewalks, or vehicular roads. Any person who violates this statute will be charged with a Class 3 misdemeanor, a fine, and possibly jail time.

If I’m at a Bar, Can I Get in Trouble for Drinking?

This is a common question and the answer is no. Drinking alone is not a crime. There wouldn’t be any bars or alcohol selling establishments if this was the case because everyone would get arrested if they drink there. It is not until you begin to get out of hand that you can get a public intoxication charge. Simply put, you can be visibly drunk in public. Just don’t be disruptive while drunk because then you are at risk of a public intoxication charge. Having a drink or a few is not illegal (unless you’re underage, in that case any amount of alcohol consumption is a chargeable offense), so don’t confuse the language of the charge.

A few tips to avoid a public intoxication charge would be to appoint a designated friend to help monitor your behavior, avoid confrontations even if provoked, and stay away from foot or vehicular traffic areas. Getting a ride-share to your destinations helps avoid a lot of potential charges, not just with public intoxication.

What do I do if I am Charged with a Public Intoxication Charge?

There is nothing wrong with enjoying a drink or two with friends, but knowing how to do so responsibly can make all the difference. Being aware of the laws surrounding public intoxication in North Carolina helps ensure your good time doesn’t turn into a legal issue. As mentioned earlier in this article, a charge of this nature comes with fines, a misdemeanor, and could even result in time in jail.

If you find yourself in the unfortunate circumstance where you have a public intoxication charge against you, the attorneys at Jetton & Meredith have extensive experience handling cases like these. They can help you navigate the legal system and work toward the best possible outcome in your case.