Can I Get My Public Intoxication Charge Dismissed?

Posted on June 2, 2024
  • Criminal Defense

    • In Indiana, law enforcement can charge you with public intoxication if your state of intoxication endangers your life or someone else’s, breaches the peace, or harasses, annoys, or alarms another person. This offense is classified as a misdemeanor that can result in up to six months in jail and a fine of up to $1,000. Penalties increase for subsequent convictions.

    If you are facing these charges, you may wonder about the possibility of having the charges against you dismissed. An experienced Indianapolis defense attorney at The Criminal Defense Team of Baldwin Perry & Wiley PC can advise you of whether this might be possible in your case and the defenses you may be able to raise.

    Dismissing Public Intoxication Charges

    In some cases, it may be possible to have your public intoxication case dismissed without a trial. Prosecutors are busy people, and they likely have far more serious cases they are dealing with. A dismissal can allow you to move on with your life and enable the state to avoid the cost of a trial.

    However, it is not always easy to convince prosecutors to dismiss charges. Prosecutors want to secure as many convictions as possible so they can brag about their success. They may try to push for conviction if they think they have a good case against you. Having an experienced criminal defense lawyer on your side who is willing to fight for you may help provide the leverage you need to have your case dismissed.

    Prosecutors can allow defendants to complete a pre-trial diversion program to prevent the situation from permanently affecting their lives. Your criminal defense lawyer can try to negotiate this outcome. Your chances of success are greater if you have no prior criminal history, no one was harmed because of your behavior, and you did not cause any property damage.

    Defenses to Public Intoxication

    If the prosecutor does not agree to dismiss the public intoxication charges against you, your lawyer can evaluate other defenses to the charges against you. Depending on the circumstances, your lawyer could argue that:

    • You were not drunk – Law enforcement could have assumed you were intoxicated and not tested you for intoxication.
    • The acts did not occur in public – The acts in question may not have occurred on public transport or another public area.
    • You were not willfully intoxicated – Someone could have put something in your drink to make you act out of character.
    • Your rights were violated – If law enforcement violated your rights during the arrest, your lawyer could argue the charges should be dropped or the evidence against you should be suppressed.

    An experienced public intoxication defense attorney in Indiana can review your case and determine the best defense strategy.

    Contact The Criminal Defense Team Today for a Free Case Review

    If you are facing public intoxication charges that you believe are unfounded or should be dismissed, reach out to The Criminal Defense Team of Baldwin Perry & Wiley, P.C. for immediate help. We can discuss the charges against you and how we can help. Call us at (317) 678-9853 or contact us online for a free, no-obligation consultation.