Often our minds conjure up Otis from the Andy Griffith Show when we think about public intoxication. The lighthearted memories of his entering the local Mayberry jail and placing himself in the jail cell with key hanging on the wall. The mere state of intoxication and being in public is not a criminal violation. There are a number of elements that an officer must first observe before issuing a citation or making an arrest. The elements are set out in TCA 39-17-310 that prescribe such elements.
- A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that:
- The offender may be endangered;
- There is endangerment to other persons or property; or
- The offender unreasonably annoys people in the vicinity.
Violation of this statute is a class C misdemeanor punishable by jail time of up to 30 days and a fine not exceeding $50. There are a number of defenses that can apply to this type of charge and arrest:
- The person was in fact not in a public place. You cannot be arrested for being under the influence of alcohol in your home.
- You are not drunk enough to a level that you were a potential harm to yourself or others.
- You are not drunk by your own willful acts meaning someone spiked your drinks with alcohol or drugs. There are some liquors that dont have much a taste.
- The police officer violated your legal rights. Often officers will illegally arrest a person for public intoxication without proper probable cause and then search the person for any illegal weapons or substances.
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