Public Drunkenness

**GregCraigson** · 05-29-2012, 05:57 PM

My question involves criminal law for the state of: Pennsylvania.

I could use some advice. A few weekends ago I was cited for public drunkenness. I am 22 years old. I was walking with some friends at around 3 in the morning when a policeman pulled over to see if we were causing trouble. I'm not exactly sure what happened, but the lights were disorienting and I passed out and fell to the ground (I have since gone to a doctor, but I still don't know what happened). I immediately came to after contact with the pavement. The police took this as evidence of intoxication and refused to give me a sobriety test. I was taken to the hospital and was told my bac was between .07 and .08. I plead not guilty. Any of you guys have any insight or advice as to how to defend myself?

**indybail** · 05-29-2012, 06:39 PM

Let me see. You were drinking and then passed out in front of a law enforcement officer. You want advice on defending yourself on the ensuing Public Intox arrest.

Umm...nah, I got nuthin'. Sorry.

**cbg** · 05-29-2012, 06:46 PM

Particularly since .08 is legally drunk in PA.

**flyingron** · 05-30-2012, 06:05 AM

.08 is per se intoxication threshold for driving alone. The public drunkedness statute in Pa only requires "A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol...to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity." It doesn't require INTOXICATION at even the driving thresholds, only under the influence. If you behaved drunk, smelled of drink, admitted drinking, etc.. you've done enough to qualify for the first clause. Falling down and passing out certainly would qualify for the second. Unless you can show that you weren't under the influence of alcohol and that the alcohol played no role in you passing out, you don't appear to have a defense.

You can still try to defend yourself in front of the magistrate. A lawyer would probably help. The good news is that this is only a summary offense and will not result in a criminal record (and in fact is eventually able to be expunged).