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Drunk In Public
Drunk In Public
Public intoxication occurs when someone has consumed too many alcoholic beverages resulting in their disturbing the public. Intoxication is legally defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
Before an arrest can be made to an intoxicated individual, certain criteria must be met. The person must: be acting in an obnoxious manner so that they are becoming a nuisance or creating some sort of disturbance, be endangering to others through the means of violence, or be endangering to themselves due to their level of intoxication.
If one of these criteria is met, the person will be arrested and retained in jail until they are sober. This practice is known as civil protective custody. After the persons sobriety is no longer in question, a fine may be issued by the arresting authority. The offense will be considered more serious if an actual assault occurs during the persons period of public intoxication.
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