Public intoxication

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Public intoxication, also known as "drunk and disorderly conduct" (sometimes, incorrectly, as "drunken disorderly"), is a summary offence in many countries. Public intoxication laws vary widely from country to country.

[edit] Australia

Whilst it is technically illegal in most states and territories of Australia to be drunk and disorderly, most Australian police take a humane approach with regards to intoxicated persons (IP). This includes transporting the IP to his or her residence or temporary detention at a police station or other welfare establishment until the IP is sober.

Prosecution (charging) is generally only considered if the IP is violent or other offences have been committed.

[edit] Canada

In Canada, liquor laws are made by the Provinces and not the Federal government.

In B.C., drinking in public alongside public intoxication are crimes. If an event is to take place in public with alcohol, it must take place in a well defined, confined area from whence the alcohol must not go.

[edit] England and Wales

In England and Wales, it is illegal to be manifestly drunk:

1. In a public bar or club
2. In private whilst in charge of a child under 7 years old
3. In charge of any car, bicycle or any other vehicle^[1]

Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public, and local authorities have the power to prohibit alcohol consumption in certain areas. ^[1]

Despite these powers, the phenomenon of binge drinking is clearly evident in England and Wales, shown by the very large number of people in a highly intoxicated state in public at night time during weekends. This suggests either that the police are unable or unwilling to enforce the current law, due to the very widespread nature of the offence.

Typically the police will, depending on the circumstances, threaten the intoxicated person or maybe help them on their way or place the person in jail until sober, and then take the person to court who may issue a fine. Punishment may be more severe if other illegal acts, such as assault or drunk driving, also occur (although these would constitute a separate offences).

This offence is sometimes known, in England and Wales, as 'drunk and incapable in a public place' or 'drunk and disorderly'.

[edit] New Zealand

In New Zealand, drinking in public is not a crime and instead, governments must specify that an area is alcohol-free before it is considered a crime to drink in that location.

[edit] United States

Because Article One of the Constitution of the United States does not grant the United States Congress the power to control public intoxication under federal law, therefore under the Tenth Amendment it is one of the powers "reserved to the states, respectively, or to the people." Thus, public intoxication laws in the United States are entirely a product of state and local laws. As a result, laws in the United States regarding drunkenness vary widely from state to state.

[edit] 1968 Constitutional challenge

In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that making a crime of public intoxication was neither cruel nor unusual.

[edit] State public intoxication laws today

Please help improve this article or section by expanding it. Further information might be found on the talk page or at requests for expansion. (November 2007)

• Georgia: In Georgia, public intoxication is a class B misdemeanor. Public intoxication is defined as a person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.[1]
• Indiana: In Indiana, public intoxication is a class B misdemeanor, punishable with up to 60 days in jail, and a 500 dollar fine. The assessment of public intoxication is at the discretion of the arresting officer, who has the option, in addition to the citation, of detaining the individual in jail, or transporting the individual to his or her home or to the home of a responsible caretaker. (See IC 7.1-5-1-3, 12-23-15).
• Iowa: the Code of Iowa states that "a person shall not be intoxicated or simulate intoxication in a public place". ^[2] However this would not normally invite arrest unless the person had caused a nuisance or posed a danger to themselves or others.
• Kansas: Kansas's Liquor Control Act makes it a misdemeanor to be on public thoroughfares with a blood alcohol content level above 0.08%. Violation of this law can result in arrest, prosecution, fine, and possible jail time. Kansas has some of the strictest alcohol laws in the United States (see Alcohol laws of Kansas).
• Missouri has no state public intoxication law. Missouri's permissive alcohol laws both protect people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibit local jurisdictions from enacting criminal public intoxication laws on their own.^[3]
• Montana state law states that public intoxication is not a crime. However, the law allows law enforcement to take an intoxicated person home, or to detain them, if they are a danger to themselves or others. The law also states that no record can be made that indicates the person was arrested or detained for being intoxicated.^[4]
• Nevada has no state public intoxication law. Nevada state law both protects people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibits local jurisdictions from enacting criminal public intoxication laws on their own.

[edit] References