Have you ever heard of somebody being arrested for being “drunk and disorderly”? Public intoxication is a crime in Indiana. For you to be convicted of public intoxication, the state must prove beyond reasonable doubt that you were:
- In a public place or a place of public resort
- In a state of intoxication caused by your use of alcohol or a controlled substance
- And that you endangered your own life, the life of another, breached or threatened to breach the peace or harasses, annoys or alarms another person.
This is a lot to have to prove. Although this is a relatively minor crime in Indiana (a class B misdemeanor), and your chance of spending time in jail if convicted is not high, you might be able to get a better result with lawyers who fight these minor charges and are willing to take cases like this to jury trial.
A teacher who hired us found himself faced with this decision. He opted for trial by jury in a case where two Indianapolis police officers testified our client was outside a restaurant downtown (a public place) while intoxicated (both officers told the 6-member jury our client was legally intoxicated). But there was no evidence to support their claim of intoxication. However, before the jury even got to deliberate, the judge threw the case out because she was unconvinced the state had met its burden of proving our client had breached the peace.
The Board Certified* Indiana PI defense lawyers with The Criminal Defense Team can help you. Contact us at (317) 687-8326 to learn more.