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What is public intoxication?

 Being drunk in public is illegal in the state of Mississippi. It is considered a nuisance to the public. Usually, one is arrested if the person in question is aggressive, obnoxious, or violating the rights of others or rules of an establishment.

According to Mississippi Law On Public Intoxication, one cannot be drunk or use profanity in a public place in the presence of two or more people. Public intoxication is a misdemeanor in Mississippi that carries up to 30 days in jail and a fine up to $100. Additionally, it could have negative effects on your personal and work life.

If you have questions about Public Intoxication Law, you should consult with an experienced Public Intoxication Defense Attorney. The lawyers at McAlister Law Firm, LLC can answer all your questions and guide you through the legal process. If you are located in or near Gulfport, MS, call (228) 300-4433 for a consultation.

What is considered public in public intoxication cases?

According to Public Intoxication Law, the public is defined a place where there are two or more people present. For example, if you are in a public place, but no one is around then the law does not apply. Your drunkenness is usually a disruption to others or place those others in danger for the law to be applicable.

How do police identify and charge you with public intoxication?

Since there is no field sobriety test or breathalyzer to determine drunkenness, the charge can be quite subjective. If the police at the scene determine that you are drunk public, causing a disturbance, or a threat to others, they will probably arrest you for public intoxication. The police usually look for particular signs of drunkenness. They watch for slurred speech, bloodshot eyes, stumbling, and lack of bodily control. If the person is acting unruly or loud while smelling of alcohol that will not help their case. The more defiant a person is, the more the criminal charges might be.

If you have questions about Public Intoxication Law, you should consult with an experienced Public Drunkenness Attorney. The lawyers at McAlister Law Firm, LLC can answer all your questions and guide you through the legal process. If you are located in or near Gulfport, MS, call (228) 300-4433 for a consultation.

What are some common defenses to public intoxication charges?

If you are charged with public intoxication, an experienced Public Intoxication Attorney will be able to assist you in navigating the legal process to help mitigate your consequences as much as possible. Some common defenses are the following:

  • Not intoxicated. The defendant might assert that he was not intoxicated at the time of the arrest. This defense might be quite difficult to prove to the judge and jury without concrete evidence.
  • Not a public place. The defendant might argue that the place where he was arrested was not actually a public place or that he was involuntarily in that public place.
  • There were not two or more people present. The defendant might attempt to prove that there were fewer than two people were present at the time he was arrested for public intoxication.

If you have questions about Public Intoxication Law, you should consult with an experienced Public Drunkenness Attorney. The lawyers at McAlister Law Firm, LLC can answer all your questions and guide you through the legal process. If you are located in or near Gulfport, MS, call (228) 300-4433 for a consultation.

McAlister Law Firm, LLC

Call Now To See How We Can Help!
(228) 300-4433