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Potential defenses against public intoxication charges

On Behalf of | Apr 16, 2024 | Criminal Defense

Public intoxication charges occur when an individual’s level of intoxication poses a threat to themselves or others in a public place. While facing such charges can be stressful, several options are available to fight them.

Some potential defenses to public intoxication charges include the following.

Challenge the evidence

One strategy to combat a public intoxication charge by challenging the prosecution’s evidence. This may involve questioning the validity of the sobriety tests administered by law enforcement officers or the accuracy of their observations regarding your behavior.

Claim a lack of intent

Arguing lack of intent is another approach. If you can demonstrate that you did not intend to become intoxicated or did not realize you were becoming intoxicated, it may help weaken the prosecution’s case.

Dispute the definition of public

In some cases, disputing the definition of “public” may be effective. If the incident occurred on private property or in a location inaccessible to the public, it could be argued that the charge is unwarranted.

Present witness testimonies

Providing witness testimonies can help strengthen your case. Witnesses who were present at the time of the alleged offense and can attest to your behavior and level of intoxication may help cast doubt on the prosecution’s claims.

Look into diversion programs

If you are facing public intoxication charges, you may be eligible for diversion programs. These programs often involve completing substance abuse treatment or education programs in exchange for having the charges dropped or reduced.

Facing a public intoxication charge can be daunting, but you have several options to fight against it. Whether challenging the evidence, disputing the definition of “public,” or seeking diversion programs, it’s essential to approach the situation strategically to ensure you protect your legal rights.