In the Commonwealth of Kentucky it is against the law to be intoxicated in a public place. When you are intoxicated in a public place to the point that you annoy or endanger those around you then you can be charged with public intoxication or alcohol intoxication.
It’s important to know the difference between Alcohol Intoxication and Public Intoxication.
You can be charged Alcohol intoxication, as its name would suggest, when you are manifestly under the influence of Alcohol in a public place in Kentucky. You can be charged with Public Intoxication if you are in public and manifestly intoxicated by a substance other than alcohol or another substance mixed with alcohol.
Is there anything you can do?
You can make the argument that you were not intoxicated at the time of the arrest. But this defense can be hard to prove to a judge or jury unless the defendant has concrete evidence (such as a blood alcohol test) showing that he was not intoxicated.
You can make the argument that you were not in a public place. Proving that the arrest was not made in a public place, or that you were involuntarily in a public place at the time of arrest could help your chances in front of a judge or jury. For example, a defendant may not be ordered out of his home by a law enforcement officer and onto the sidewalk, and then arrested for public intoxication.
Or you can argue that you did not annoy or endanger anyone. A defendant may also introduce evidence to show that he was not engaging in disorderly conduct. For example, witnesses may be called to show that the defendant was not bothering anyone or anything.
While anyone one of these arguments or others might aid you, sometimes it is important to recognize the strength of the case against you. If the case is strong then it could be time to move on to the mitigation of possible penalties. In many Alcohol or Public Intoxication charges this is the case.
If you are unsure about the charges against you, if you need help navigating the legal system with an alcohol or public intoxication charge, or if you have any questions whatsoever regarding your criminal case, call Rauf & Smith. You can use our knowledge and experience to your advantage and we will help you achieve the best resolution possible in your case.