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Drinking in Public / Public Intox (ication) Arkansas

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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...continue to full post

Full post as published by Arkansas Criminal Defense Blog on April 12, 2008 (boomark / email).