What is Public Intoxication?
Public intoxication refers to being heavily impaired in public, in a manner that causes a significant disturbance. It is common for college students to party on the weekends at bars and house parties. In order to ensure the safety of people in both public and private, Utah Law outlines the definition and punishment for being overly intoxicated in these spaces.
Legal Definition
Utah Code § 76-9-110 defines Public Intoxication as meeting the following criteria:
- Individual is in a public place or a private area where disturbance to others is possible
- Individual is under the influence of alcohol, a controlled substance, or toxic vapors
- Individual is influenced by any of the mentioned substances to a dangerous degree
It is important to note that these criteria allow an individual to be charged with Public Intoxication without actually causing a disturbance. There only has to be reasonable potential for a dangerous situation to arise.
Potential Consequences
The level of charges and punishments that accompany them are heavily dependent on the age of the disturber.
Ages 21+
Public Intoxication is considered a Class C Misdemeanor. Those in this age group face both potential jail time and fines. However, it is also possible that law enforcement will take the individual to a detox area in place of jail.
Ages 18-20
Because this age range is categorized as a legal adult, the charge will still be a Class C Misdemeanor. The individual’s driver’s license will also be suspended. However, because the age for legal drinking is not met, there are more detailed consequences that depend on how many times an individual has been charged with this crime.
For first time offenders, the court may:
- Order a drug screening or assessment
- Order educational training or substance abuse treatment
- Shorten the license suspension period
For repeat offenders, the court may:
- Require any of the same punishments of a first-time offender
- Ask for proof of sobriety during the license suspension period
Ages Under 18
Acts of Public Intoxication committed by those under 18 will be charged by Juvenile Law. Consequences will be similar to those for 18 to 21-year-olds including tasks such as education and substance abuse treatment. Driver’s license suspensions are also possible which are outlined for juveniles in further detail by Utah Code § 80-6-707.
Important Takeaways
Being safe and responsible on a night out will help avoid entering dangerous situations or creating one yourself. It is very possible to enjoy casual drinking or other activities without causing a conflict. Most importantly, we are always available to help in the event of legal trouble.