How Do You Get a Public Intoxication Charge Dismissed in Mobile, AL?

An unexpected night out can go wrong very quickly when you get arrested for public intoxication in Mobile, AL. If you’re facing criminal charges, it’s normal to panic. However, by seeking legal assistance and being proactive about your situation, you can give yourself a fighting chance at having your charges dismissed. 

Having a strong legal team working for you is key to protecting your future and your criminal record. Call Coumanis & York at 251-336-3491 to set up a consultation with our criminal defense attorneys. 

Elements of a Public Intoxication Charge      

Under Alabama Code 13A-11-10, there are multiple elements that must be proven for someone to be convicted of public intoxication. First, they must be in a public place while under the influence of drugs or alcohol. However, they must also be so obviously under the influence that they are endangering themselves, endangering other people, or annoying people around them by acting boisterous and offensive. That is, it’s not enough simply to be impaired in public. Your behavior must rise to the level of making you dangerous or annoying to other people. 

This is where it’s important to be realistic about what happened on the day of your arrest. People arrested for public intoxication often claim that they weren’t being unruly or acting dangerously. But if you were truly impaired at the time, your interpretation of your behavior may not be the most accurate. Consider talking to the people who were with you at the time to see if they have any insight that you can provide to your attorney. 

Penalties for a Public Intoxication Conviction        

If you are convicted of public intoxication, you may face several penalties. On the plus side, public intoxication is a violation, making it less serious than a misdemeanor or felony. Still, you could face up to 30 days in a county jail and pay a fine as high as $200. Additionally, a public intoxication conviction will show up on a background check, which could impact you during a job search or while apartment hunting. If you are convicted, you’ll likely be able to get your charges expunged. 

Defense Options       

When you meet with a Mobile, AL criminal defense attorney, they will learn more about your arrest and figure out which type of defense strategy is best for your situation. First, you might claim that your behavior was not annoying or dangerous. This can be difficult to prove, since the law is written in such a way that a wide range of behaviors could be considered “public intoxication.” Remember, though, that the burden of proof is on them—not you. They have to prove that you were being dangerous or annoying, and you just have to create enough doubt that their claims are true. 

Another potential defense may be that the behavior was not in a public place. Even if you were acting in a way that annoyed other people, you can’t be arrested for public intoxication if you were in a place that could be deemed private. This defense only works if your arrest occurred in a place that isn’t obviously public. 

Finally, you might show that you were not under the influence of illegal drugs or alcohol, but prescriptions prescribed to you by a physician. While these medications can make individuals act in a boisterous or unsafe way, that isn’t necessarily a crime. In many cases, it’s the result of someone taking a new medication and not knowing how it will affect them. 

How an Attorney Can Help       

While there are many defense options available to those accused of public intoxication, it’s impossible to know which one will work best for you until you work with an attorney. Your lawyer can advocate for you at every step of the process and find the best path for your future and freedom. 

Reach Out to Coumanis & York Today 

The sooner you connect with a criminal defense lawyer, the earlier they can get involved in your case and fight for a fair outcome. Take the first step now and contact the team at Coumanis & York. Give us a call at 251-336-3491 or fill out our online contact form. Protect your future and fight for a full dismissal of your charges.