Public Intoxication

Under Indiana Code Section 7.1-5-1-3, it is considered a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person’s use of alcohol or a controlled substance, if the person:

• Endangers the person’s life,
• Endangers the life of another person,
• Breaches the peace or is imminent danger of breaching the peace, or
• Harasses, annoys, or alarms another person.

This means that while adults can enjoy alcoholic beverages while attending events, they must be mindful not to engage in dangerous or disruptive behavior.  A public intoxication charge can have a sentence of up to 180 days of jail time and a potential fine of up to $1,000.

Don’ts of events is you choose to drink:

• Don’t walk into oncoming traffic or ignore signals on the roads.
• Don’t engage in fights, either verbal or physical; even the threat of violence may be enough to constitute “imminent danger of breaching the peace.”
• Don’t yell profane or vulgar things at others.
• Don’t attempt drive even if you believe you are okay to operate a vehicle.

Important Exceptions

There are exceptions to the alcohol-related offenses described above in certain circumstances. The first exception may be triggered if the intoxicated person requests emergency medical assistance for someone reasonably in need of assistance. The second may apply if the intoxicated person is a victim of a reported sex offense. The last may apply if the intoxicated person witnessed and reported what they believed was a crime.

If you have any questions or want assistance with information relating to public intoxication, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.