Public Intoxication Defense
Have you been accused of public intoxication?
In New Orleans, an individual can be charged with public intoxication if they are in a public place and so intoxicated they may endanger themselves or another person. Intoxicated is defined as not being able to use mental and physical faculties, such as walking and talking, due to the consumption of alcohol, drugs and/or controlled substances.
If you have been charged with public intoxication in Louisiana, it can be very embarrassing and result in potentially serious penalties and consequences. Do not just pay the fine and accept the blemish on your criminal record. Contact attorney Elizabeth B. Carpenter who is very experienced in defending various alcohol offenses throughout Louisiana.
Public Intoxication Arrest New Orleans
To arrest someone for Public Intoxication in Louisiana, the police must have probable cause. The police generally look at several factors when establishing probable cause and making the determination of whether a person who seems intoxicated may be a danger to themselves or others. These factors are:
1. Whether the person has bloodshot eyes
2. Whether the person is stumbling or unable to stand up
3. Whether the person has a strong odor of alcohol on their breath
4. Whether the person’s mannerisms are consistent with being intoxicated
5. Whether the person is being combative with others in public
In general, mere intoxication in public does not constitute probable cause for the police to arrest someone. The police must find that they are intoxicated to the point that they present a danger to themselves or other persons or property. In New Orleans, the police may also issue a citation for public intoxication in lieu of arrest.
Defenses to Public Intoxication
There are several potential defenses to public intoxication charges in Louisiana. Most of these focus on showing that there is little or no evidence to support one or more of the elements of the offense.
Not intoxicated. A defendant may argue that he was not intoxicated at the time of the incident.
Not a public place. Another potential defense is showing that the defendant was not in a public place.
No harm. A defendant may also introduce evidence to show that he was not engaging in disorderly conduct or was not a harm to anyone.
Contact: Public Intoxication Attorney New Orleans
If you are charged with violating a public intoxication law, you should consider consulting with a criminal defense attorney who is familiar with how these cases are handled. Attorney Elizabeth B. Carpenter can help you understand the charges against you, explain your options, discuss possible defenses you may raise, and protect your rights. In certain cases, she may even be able to help you with getting the charges against you dismissed or reduced. (504) 599-5955 Available 24/7!