Pennsylvania Laws on Public Drunkenness

Pennsylvania Laws on Public Drunkenness

Being publicly drunk in Pennsylvania can, get you in trouble with the law. But it’s not always a, straightforward issue. Here’s a breakdown of what you need to know about public drunkenness laws in PA.

What is Public Drunkenness in Pennsylvania?

Public drunkenness refers to appearing drunk in public in Pennsylvania. Specifically, the law says you can be charged if you “appear[] in any public place manifestly under the influence of alcohol or a controlled substance.”

So there’s 2 key things here:

• You have to be noticeably drunk, not just tipsy or buzzed.
• You have to be in a public place – more on what counts as “public” below.

If you check both those boxes, you could face a public drunkenness charge.

Is Public Drunkenness a Crime in PA?

Yes, public drunkenness is a crime in Pennsylvania – but it’s not a high-level one. It’s classified as a “summary offense.” That’s the lowest level of criminal offense in PA.

Summary offenses are still crimes, and a conviction goes on your record. But they don’t come with jail time – just fines. More details on penalties below.

What Happens if You’re Charged with Public Drunkenness?

If a cop charges you with public drunkenness, here’s the process:

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1. You’ll get a citation instead of being arrested. Unless there are other factors, like you’re a danger or suspected of DUI.
2. You then have 10 days to respond to the citation. You can either pay a fine (plead guilty) or request a court hearing.
3. If you go to court, you can hire a lawyer to help defend you against the charges.
4. If you don’t respond to the citation in 10 days, you could be arrested and brought to court.

What Are the Penalties for Public Drunkenness in PA?

For a first offense, the fine is typically around $500. If it’s a second or subsequent offense, the fine doubles to $1,000.

That’s the standard fine amount. But technically judges have discretion to impose fines between $300-$500 for first offenses, and $600-$1,000 for repeat offenses.

What Qualifies as a “Public” Place in PA?

This is a bit of a gray area. Obviously places like sidewalks, parks, restaurants, bars, etc. count as public. But what about apartment building common areas, or private parking lots?

Courts have generally interpreted “public place” pretty broadly. The key questions are:

• Does the public have access, even if limited access?
• Could members of the public potentially see you there?

If the answer to those questions is yes, it may count as a public place. But context matters, so speak to a lawyer if you were charged somewhere ambiguous.

Can You Be Charged on Private Property in PA?

It depends. If police enter private property and see you drunk, you could potentially be charged. For example, if cops enter a house party and see underage drinking.

But if you’re drunk on private property not visible to the public, it would be difficult for police to charge you with public drunkenness.

Is There a Legal Limit for Public Drunkenness in PA?

No, Pennsylvania doesn’t have a BAC limit for public drunkenness like with DUI. It’s based on the officer’s judgment that you’re visibly intoxicated.

So you could have a low BAC but still meet the “manifestly under the influence” standard. It depends how you’re acting.

Are There Defenses Against Public Drunkenness Charges?

There are several potential defenses if you’re charged with public drunkenness, including:

• You weren’t in a public place – Argue the location doesn’t meet the definition of a public place.
• You weren’t drunk – Dispute that you were visibly intoxicated.
• Misidentification – Claim police wrongly identified you.
• Lack of probable cause – Argue police didn’t have sufficient reason to approach/detain you.

An experienced criminal defense lawyer can help assess defenses and fight the charges against you.

What Happens if You’re Convicted of Public Drunkenness in PA?

If convicted, it goes on your criminal record. It can also show up in background checks by employers, landlords, schools, etc.

Having a record of alcohol-related offenses can negatively impact how you’re viewed. So it’s wise to consult a lawyer about avoiding conviction.

Should You Fight Public Drunkenness Charges?

In many cases, yes. Summary offenses like public drunkenness still carry consequences. The penalties may be relatively minor, but a permanent criminal record is no small thing.

An experienced criminal defense attorney can help get charges reduced or dismissed. That’s preferable to pleading guilty right away.

Find a Criminal Defense Lawyer for Public Drunkenness Charges

Dealing with a public drunkenness citation or charge is stressful. But a knowledgeable lawyer can guide you through the process and advocate for you every step of the way.

Take advantage of free case evaluations to find the right attorney. Don’t just plead guilty – make sure you understand all your options first.

With an attorney’s help, you can hopefully avoid conviction and move forward with a clean record.