Understanding Public Intoxication Laws in Indiana
Public intoxication is a Class B misdemeanor in Indiana. While being intoxicated in public is not automatically a crime, certain behaviors can lead to criminal charges. If you've been charged, it’s important to understand your rights, possible defenses, and legal options.
📌 Indiana Public Intoxication Law: Indiana Code § 7.1-5-1-3
What is Public Intoxication in Indiana?
Under Indiana Code § 7.1-5-1-3, a person can be charged with public intoxication if they are:
✅ In a public place
✅ In a state of intoxication
✅ Engaging in conduct that:
Endangers their own life or the life of another person
Breaches the peace
Harasses, alarms, or annoys another person
Penalties for Public Intoxication
Public intoxication in Indiana is classified as a Class B misdemeanor, which carries potential penalties of:
⚖️ Up to 180 days in jail
⚖️ Fines of up to $1,000
⚖️ Probation, substance abuse classes, or community service
While many cases do not result in jail time, a conviction can still affect your criminal record, employment, and background checks.
Common Defenses to Public Intoxication Charges
If you’ve been charged with public intoxication, you may be able to challenge the charge by questioning whether the prosecution can prove all elements of the offense.
1. Were You Actually Intoxicated?
Did the officer conduct a breathalyzer or blood test to confirm intoxication?
Were there alternative explanations for your behavior (e.g., prescription medication, medical condition)?
2. Were You in a Public Place?
If you were on private property (e.g., your yard, a private event, or inside a vehicle parked on private property), the charge may not apply.
3. Was Your Behavior Prohibited by Law?
Simply being intoxicated in public is not enough—the state must prove you were causing a disturbance, endangering yourself, or alarming others.
Witnesses may be able to dispute the officer’s account of the events.
📌 Learn more about defending against criminal charges: Understanding Evidence Suppression in Indiana
Pre-Trial Diversion & Keeping Public Intoxication Off Your Record
In some cases, you may be eligible for a pre-trial diversion program, which allows you to avoid a conviction by:
✔️ Paying a fine
✔️ Completing community service
✔️ Attending a substance abuse class
✔️ Staying out of trouble for a specified period
If completed successfully, the charge will be dismissed and will not appear on your criminal record.
What to Do If You’re Charged with Public Intoxication
If you’ve been charged, follow these steps to protect your rights:
🔹 Do not plead guilty without speaking to an attorney.
🔹 Document any details about your case (e.g., location, witnesses, any medical conditions).
🔹 Request evidence from the prosecution, such as breathalyzer or police reports.
🔹 Consult with a criminal defense attorney to evaluate your legal options.
📌 Learn more about your rights: Understanding Your Miranda Rights in Indiana
Get Legal Help for Your Public Intoxication Charge
If you’re facing a public intoxication charge, you don’t have to fight it alone. An experienced criminal defense attorney can help evaluate your case, challenge the evidence, and explore alternatives like diversion programs.
📞 Call or text (317) 759-3225 or Schedule a Consultation to discuss your case today.