Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Public Intoxication in Baton Rouge, Louisiana
Carl Barkemeyer is a lawyer that defends those with public intoxication or public drunkenness charges in Baton Rouge, Louisiana and surrounding areas. Carl Barkemeyer is an experienced Baton Rouge intoxication lawyer. He understands how to work towards the best result in theft cases. Even if you think you have a weak case, Mr. Barkemeyer may still be able to help.
What Is Public Intoxication?
In Baton Rouge and 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.
What is Considered as Being Intoxicated?
Many public intoxication laws require that the defendant be under the influence of alcohol, illegal drugs, a controlled substance, or other intoxicants (including inhalants such as paint thinner or glue). People whose behavior is traceable to the influence of a prescribed medication are not guilty of public intoxication.
How the prosecution proves that one or a combination of the substances mentioned above accounts for the defendant’s apparent intoxication is another matter, however. States rarely require proof by means of a chemical test, such as a blood alcohol test. Instead, the testimony of the arresting officer and any others present as to how the defendant behaved and appeared can be sufficient to enable the jury to conclude that the defendant was intoxicated. Some states do not even require that defendants actually be intoxicated; rather, that they only appear to be.
What Qualifies Intoxication as Public?
Public intoxication laws require that the defendant be in a public place, rather than a private residence or other area that is not open to the general public. Examples of public places include sidewalks, streets, stadiums, and parks. In some states, bars and restaurants are considered public places because they are open to the general public. Additionally, some state public intoxication laws punish intoxication that occurs in areas where the defendant is on private property but without the permission of the owner, even though these areas are technically “private.” For example, creating a disturbance while trespassing on another person’s lawn may be the basis for a public intoxication charge.
Can You be Arrested for being Publicly Intoxicated?
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.
Is Public Intoxication a Misdemeanor?
The crime involving public intoxication is a misdemeanor offense. The offender may be imprisoned for up to 90 days and be sentenced to pay a fine. The statute for which public intoxication is proscribed as prohibited is found under Disturbing the Peace.
Another serious consequence of a conviction for public intoxication is that it may show up on the offender’s criminal record. This could negatively affect the ability to obtain employment or acceptance into school.
There are various strategies to handling this charge. Mr. Barkemeyer implements the necessary tactics from the very beginning of the case to aggressively defend those charged, with the goal of minimizing their exposure and protecting their record.
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 no harm to anyone.
Public Intoxication Defense Lawyer in Baton Rouge, Louisiana
If you or a loved one has had stealing charges leveled against them, you need to hire a legal representation immediately. Public intoxication charges can be difficult to overcome. Mr. Barkemeyer has defended clients charged with public intoxication for over 18 years. He understands that every public intoxication charge is different and every client is in a different situation. There are many ways to approach these types of charges. Many times, the client has a clean record and has made an embarrassing mistake. The client could have a job and personal life he needs to protect. We know how to help our clients to protect his record and personal life. Feel free to contact us if you need a criminal defense lawyer for a public intoxication charge in Louisiana. We have represented clients charged with public intoxication in many areas of Louisiana including, Baton Rouge, Livingston, Tangipahoa, Covington, Ascension, and New Orleans. Contact Baton Rouge public intoxication Lawyer Carl Barkemeyer for legal assistance immediately at (225) 964-6720 to help with your public intoxication criminal charges.
Contact Carl Barkemeyer, Baton Rouge public intoxication defense lawyer, at (225) 964-6720.
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.