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Criminal Defense Law Firm 317-636-7514<\/p><\/div>St. Patrick\u2019s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards are a common attraction on St. Patrick\u2019s Day, as well as, publically intoxicated patrons. If you have been a veteran celebrator of this holiday, then you have surely seen public intoxication at play and perhaps been guilty of the same thing a time or two.<\/p>\n
But did you know that under old Indiana law, anyone that was intoxicated in public was committing a crime? If a person walked into a bar, music venue, or stadium, and had enough to drink to put them even a fraction over the legal limit, they could be legally arrested as soon as they stepped outside on the sidewalk or into the parking lot. Indiana legislature eventually decided this law was unreasonable and unfair. And this is true since most places of business that provide consumer entertainment promote drinking, serve patrons alcoholic beverages, and then force then out to catch a cab or drive home when they close. <\/p>\n
Old Law Prior to 2012<\/h1>\n
The old law stated if a person was over the legal drinking limit in a public place or property, they were committing a crime and subject to arrest. But in May of 2012, Governor Mitch Daniels signed a new law regarding public intoxication that soon went into effect on July 1st. The changes that were made to the old law basically reflected what law enforcement was already doing in terms of managing public inebriation cases. Generally, law enforcement would only arrested intoxicated persons in public if they were causing a disturbance of some kind. <\/p>\n
New Law as of July 2012<\/strong><\/p>\n Although some parts of the statute are vague and subjective, it should give patrons peace of mind knowing they can peacefully walk home or take a public bus without legal consequence, so long as they are behaving responsibly. The new law, Indiana Code 7.1-5-1-3<\/em>, states that a person who is intoxicated in public is only committing a Class B Misdemeanor if they are exhibiting one of three behaviors. A police officer can only arrest a person for 1.\tEndangering their Life or the Life of Others Keep in mind that, ultimately, law enforcement officers have full discretion as to what they determine, \u201ca breach of peace\u201d and other violations of the statute. So be sure to know your rights for the upcoming holiday so you can be better prepared to have a fun and safe St. Patrick\u2019s Day celebration!<\/p>\n David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call David E. Lewis Attorney at Law at 317-636-7514<\/strong> if you are facing public intoxication charges in Indianapolis, Indiana. He provides aggressive criminal defense representation for alcohol-related crimes. You have a better chance at getting your charges reduced or dismissed with the help of a knowledgeable and experienced Indianapolis criminal defense lawyer<\/a> like David E. Lewis! Call 317-636-7514 to schedule a consultation, today.<\/p>\n","protected":false},"excerpt":{"rendered":" St. Patrick\u2019s Day is almost here. A day where thousands of Hoosiers gather for the purpose of celebrating the Irish heritage. And on this day, celebrating is traditionally done by means of excessive alcohol drinking. Green beer, beads, and beards … Continue reading
\npublic intoxication if they are:<\/p>\n
\n2.\tBreaching the Peace or in Imminent Danger of Breaching the Peace
\n3.\tHarassing, Annoying, or Alarming Another Person or Group of People<\/em><\/font><\/p>\nIndianapolis Public Intoxication Charges<\/h2>\n
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