State College Public Drunkenness Lawyer

People facing a charge of Public Drunkenness in Pennsylvania often ask the following questions: How do the police know I was drunk when they didn’t give me a breath or blood test? How bad is a Public Drunkenness charge? Will a Public Drunkenness charge appear on background searches?

Public Drunkenness in Pennsylvania under 18 Pa.C.S. 5505 is a non-traffic, summary offense, punishable by up to 90 days in jail. The max fine for a first offense is $500, and the fine for second and subsequent offenses increase to a max of $1,000.  Overall, a conviction of a summary offense is not the end of the world. Summary offenses are the least severe criminal offenses in Pennsylvania and normally carry a fine and NOT jail time as a punishment.

Proving a Charge of Public Drunkenness

First, it is not crime in Pennsylvania to be drunk in public.  Public Drunkenness it a crime to be so drunk in public that the person “may endanger himself or other persons or property, or annoy persons in his vicinity.” To summarize, a charge of Public Drunkenness requires proof that a person was: 1) in public; 2) manifestly under the influence of drugs OR alcohol; AND 3) a danger to himself or annoyed other people.

Evidence of Intoxication or Impairment

With regard to the “intoxication” requirement, the police do not need to have breath or blood test evidence. A charge of Public Drunkenness can be proven with circumstantial evidence, meaning an officer will testify that a suspect had bloodshot eyes, odor of alcohol on breath, difficulty standing, swaying, slurred speech, was passed out, and had vomit or urine on their clothing. The cliche that “if it walks like a duck, quacks like a duck, it is a duck” is applicable. If a judge hears evidence that the person appeared to be heavily intoxicated, the judge can find that the person was drunk.

What is “public”?

What is “public”? In most situations, whether the incident occurred in “public” is not disputed. A bar or restaurant would generally be “public,” however, a Pennsylvania Court previously ruled that a VFW bar was NOT “public” because it was only accessible to members and not the public at large. Penn State students are generally not charged with Public Drunkenness if they are caught inside a dorm because the dorm is not open to everyone, meaning it is not “public.”

The final requirement is that the suspect must have posed a danger to himself or annoyed others.  Many drunk people annoy others.  More than normal annoyance would be required.  With regard to being a danger to oneself, cases often include evidence that the suspect passed out on a bus or in a taxi, the person was stumbling on the sidewalk and almost stumbled into the roadway, and the person was transported to the hospital for an alcohol overdose.

Summary Offense Can Appear on Background Checks

Summary convictions can appear on criminal background searches and thereby be considered by employers. If a person is seeking employment in the medical field, such as a doctor or nurse, then having any record for drugs or alcohol convictions is more severe. While having a summary conviction on a criminal record is not the end of the world, it is also common sense that having NO record is better than having any record, even a minor one. A conviction of Public Drunkenness cannot be expunged for five years from the date of conviction.

With Penn State students, many are first time offenders. With summary cases like Underage Drinking, Public Drunkenness, and Possession of a Fake ID, diversionary programs are used to obtain a dismissal of the charges. Dismissed charges remain on the records, but the records can be destroyed via the expungement process. A dismissed charge is immediately eligible for expungement.

Free Case Review with an Experienced State College Defense Attorney

If you or a loved one have charged with Public Drunkenness in State College, you can get a free case review with an experienced State College defense attorney. Attorney Jason Dunkle will review the facts and circumstances and will determine whether the case can be fought or possibly resolved via a diversionary program resolution. Attorney Dunkle also has extensive experience in helping Penn State students handle the university’s disciplinary process, which is separate and distinct from the criminal process. While it is not fair that a student is punished by both the court and university systems, that is what happens. Knowing how to navigate through those processes is critical to allowing a student to move forward.

For a free case review, contact JD Law, P.C. via email or by leaving a message at (814) 689-9139.