Arkansas Criminal Defense Blog ©

There are many people in Arkansas, who are not even true “criminals”, who have experienced, or know those who have experienced, either a “drinking in public” charge or a “public intoxication” charge.

Both of these offenses are located in the Arkansas Code at 5-71-212.

A rough break down of what the prosecutor has to prove in each of these charges is as follows:

Public Intoxication:

1. You are in a public place, and

2. you are manifestly under the influence of alcohol or a controlled substance, and either
3. you are a danger to yourself or others persons or property, or

4. you unreasonably annoy a person in your vicinity.

Usually a trial for Public Intoxication comes down whether you were actually in a public place or whether, or not you were a danger to yourself or others.

Drinking in Public:

1. You consume alcoholic beverages,

2. in a public place, or

3. a highway or street, or

4. upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

5. in or about any depot, platform, waiting station or room, or other public place.

For drinking in public you do NOT have to be intoxicated. You only have to be drinking in a place you are not supposed to be.

It is important to hire an experienced Arkansas criminal defense attorney when dealing with any criminal charges. The Eisele Law Firm, P.A. has experience in handling both of these types of charges.

Tags: Arkansas Misdemeanors, Arkansas Drinking Charges