How can a lawyer help with public intoxication charges?

How a Lawyer Can Help with Public Intoxication Charges

Getting arrested for public intoxication can be scary. Even if you feel like you did nothing wrong, the legal system can be confusing and intimidating. Having a lawyer on your side makes a huge difference.

A lawyer knows the law and can advise you on the best defense. They can negotiate with the prosecutor for a better outcome. And they’ll make sure you understand what’s happening every step of the way.

What is Public Intoxication?

Public intoxication laws vary by state, but in general it means being drunk in public to the point where you can’t care for yourself or you’re causing a disturbance. For example:

• Stumbling down the sidewalk and almost falling into traffic
• Passed out on a park bench
• Yelling at strangers and acting belligerent

Most of the time it’s a misdemeanor offense, unless you hurt someone. Penalties are fines, community service, substance abuse classes, and possibly jail time.

Should I Get a Lawyer for Public Intoxication?

Yes, a lawyer can help even if it seems like an open-and-shut case. For example, they can:

• Negotiate with the prosecutor for a better plea deal or reduced charges
• Get charges dismissed if there’s insufficient evidence
• Advise you on defenses that may apply
• Make sure proper procedures were followed during arrest
• Help minimize penalties and avoid jail time

Without a lawyer, you may end up pleading guilty without realizing there were defenses. Even if you just want to get it over with, a lawyer can negotiate the best outcome.

Common Defenses for Public Intoxication

There are a few common defenses a lawyer may use to fight public intoxication charges:

You Weren’t Actually Drunk

The prosecutor has to prove you were intoxicated. If the officer didn’t properly administer a breathalyzer or field sobriety test, the charges could get dismissed. Your lawyer can argue you appeared intoxicated due to lack of sleep, medical conditions, etc.

No Probable Cause for Arrest

The officer needs probable cause to arrest you, more than just a hunch. If they didn’t witness you stumbling, yelling, etc. there may be no grounds for arrest. Or they may have confused you with someone else.

Didn’t Pose a Threat to Yourself/Others

Laws require you to be a danger or unable to care for yourself. For example, if you were quietly sleeping it off on a bench, that may not meet the criteria. Your lawyer can argue there was no threat.

Medical Emergency Defense

If you mistakenly drank too much or mixed medications, it could be considered a medical issue rather than criminal intent. Your lawyer may argue you deserve treatment, not jail.

Violation of Rights

If the police lacked probable cause, didn’t read you your rights, or violated procedures, any evidence may get thrown out. A lawyer will review if your rights were violated.

What Will a Lawyer Do For My Case?

If you hire a lawyer, they will start working on your defense immediately. Here are some things they will do:

• Review police reports to look for illegal conduct, lack of probable cause, etc.
• Negotiate with the prosecutor for reduced or dismissed charges
• Gather evidence and witness statements to refute the allegations
• Research defenses that may apply to your case
• File motions to suppress evidence or dismiss the case if your rights were violated
• Represent you in court hearings and at trial if necessary
• Advise you at every stage so you understand your options

A good lawyer knows how to negotiate with judges and prosecutors to get charges reduced or avoid jail time in many cases. They can request substance abuse or mental health treatment instead of criminal penalties. Your lawyer is there to protect your rights, minimize penalties, and get the best outcome.

How Much Does a Public Intoxication Lawyer Cost?

Costs vary, but expect to pay $1,000 – $5,000+ for a lawyer. Complex cases with extensive trial preparation cost more. Factors that influence price:

• Experience and reputation of the lawyer
• Location and overhead costs
• Complexity of your case
• Whether it goes to trial vs. gets settled

It’s wise to spend the money upfront rather than regret it later. Many lawyers offer payment plans too. Overall, legal fees are usually a worthwhile investment to avoid harsh penalties that can follow you for years.

How to Find a Good Public Intoxication Lawyer

Look for a criminal defense lawyer with experience handling drunk and disorderly cases. Things to consider:

• Education background and bar admissions
• Years of experience in criminal law
• Past case results and client reviews
• Rapport during your consultation
• Fees and ability to work within your budget

Personal referrals from friends and family are a great starting point. You can also search sites like Avvo and Lawyers.com to read reviews and compare background. Meet with a few lawyers before deciding – most offer free consultations.

What Happens at the Consultation?

The initial consultation is your chance to share your side and assess if the lawyer is a good fit. Come prepared with any documents and be ready to discuss:

• What happened leading up to the arrest
• What procedures the police followed
• Any witnesses or evidence you know of
• Your past criminal record if any
• Your goals and concerns about the outcome

The lawyer will explain the charges, potential defenses, and strategy. They’ll also discuss fees and sign an engagement letter to officially hire them.

Key Takeaways

• Hiring a lawyer is wise even for minor public intoxication charges
• They can get charges reduced or dismissed and minimize penalties
• Common defenses include lack of evidence, no threat posed, and violations of rights
• A lawyer will negotiate on your behalf and represent you in court
• Shop around and find an experienced criminal defense lawyer you trust
• Be open at the consultation so they understand your situation

With an experienced lawyer on your side, public intoxication charges don’t have to negatively impact your life. In many cases, they can get charges dropped or reduced to something minor. It’s worth investing in a lawyer so you can move forward.