Public intoxication in Rogers County is a more common charge than you might think. Thousands of people in Oklahoma face public intoxication charges each year. Parties, festivals, and other special events often serve alcohol. So, it is understandable that sometimes at least one person drinks too much. The possibility of public intoxication charges increases in public events, simply because of the public nature of the setting.
Public Intoxication and its Elements
The three most important elements to public intoxication are: (1) you are intoxicated, (2) you are in public, and (3) you are disturbing the peace. If you are simply intoxicated in public you may not necessarily receive public intox charges. But if you are being loud, offense, or maliciously damaging property you likely will face these cahrges. It is important to note that public intoxication does not only mean drunkenness. It can also encompass drug abuse or misuse of prescription drugs.
Further, the “public” element is a little bit tricky. The obvious definition of public refers to restaurants, public streets, and more. However, Oklahoma allows public intoxication charges even if you are on a private street, riding in a friend’s vehicle, etc. So if you are disturbing the peace, even from your front porch, you could face public intoxication charges.
Legal Ramifications of Public Intoxication Convictions
You can face arrest and jail time over public intox charges. Oklahoma considers this a misdemeanor. This means you could face a maximum of 30 days in jail and fines reaching $100. Some places have a “drunk tank” or holding cell where offenders are held until the intoxication wears off. However, other Oklahoma jurisdictions do not. This means that if you are in a jurisdiction that does not have a holding cell, then you will face booking into actual jail. This creates a record of arrest that will remain on your record unless your attorney can organize some type of plea or sentence deferment.
Rogers County Defense Attorneys In Your Corner
Public intoxication charges sometimes seem trivial. But, they can cause problems far in the future if you face having the charge on your permanent record. Our Rogers County criminal defense attorneys not only navigate the legal process for you, but also work to keep the charge off your record. For a free consultation with an attorney at Kania Law – Claremore attorneys‘ law office, call 918-379-4872. Or you can click here to get a free online legal question answered.
