In a public intoxication scenario, you could either be arrested by an officer, or issued a citation. To paint a few examples, if you are leaving a bar or restaurant and you decide to walk home after having too many drinks, but instead of the sidewalk, you decide to walk in the road, you could be issued a citation or arrested for public intoxication. If you are leaving a game venue after a few drinks, and you’re upset with the outcome of the game and shouting outside of the venue, a police officer could arrest you for public intoxication or issue a citation. Put simply, public intoxication basically means being drunk in public or drinking alcohol in a public place.
The Maryland Code looks at two questions when deciding if someone should be charged with public intoxication. The first question is whether you are under the influence of alcohol in public or drinking alcohol in a public arena. Regardless of how much you drink, what matters is if you are intoxicated to the police officer. The second question is whether your intoxication endangers another person or property, or if it causes a public disturbance.
Common Scenarios of Public Intoxication in Maryland
The Maryland code defines a public place to include anything from the sidewalks of a shopping center and hotel to public parking lots and property outside of schools and the more obvious spaces like sidewalks in front of bars and restaurants.
Because the definition of public is so broadly defined, public intoxication arrests are common in Maryland. This type of arrest can also stem from other charges as well. Often a public intoxication citation could be added to a DUI arrest, a simple assault arrest, or possession of an open container.
The most common scenario we see public intoxication come up is from a public disturbance. This means when a person is making a loud noise in a public space and causing someone or something to be disturbed.
If you are standing on the street intoxicated and you’re yelling, shouting, laughing, or causing a loud noise, a person could call the police and report this incident to them, which in turn, could lead to you being issued a citation or being arrested for public intoxication.
Frequently Asked Questions: Public Intoxication in Maryland
1. What are the maximum penalties for public intoxication in Maryland?
2. What elements must a prosecutor prove for a conviction?
3. What areas are legally considered "public places" in Maryland?
4. Can I be charged with public intoxication alongside other offenses?
5. Is an arrest mandatory for a public intoxication charge?
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