Hickory Public Intoxication Lawyer

Hickory Public Intoxication Attorney

If you are allegedly too disruptive to those around you while on a night out, you may be charged with being drunk and disorderly. When accused of or charged with disrupting a public place while intoxicated, be sure to speak with a Hickory public intoxication lawyer.

Defense attorneys at Cody Law Firm have represented numerous clients against charges of public intoxication, disturbing the peace, resisting arrest, and other law violations. Whether the charges against you are unfounded or you are facing a repeat offense, our legal team is prepared to help.

When Is Public Intoxication Illegal in North Carolina?

In the state of North Carolina, it is not inherently illegal to be intoxicated in a public setting; rather, it is illegal to be drunk or impaired by drugs while acting in a disorderly or disruptive manner in a public place. Public areas include stores, restaurants, bars, office buildings, roads, parking lots, sidewalks, and entrances to other public areas or facilities. State law asserts that any person who’s intoxicated in public is prohibited from:

• Blocking or interfering with highway traffic or other public roadways
• Physically obstructing access to a passage or entrance by lying across it or otherwise preventing a person’s ability to get past an area
• Begging for money or other property
• Verbally attacking people by cursing, shouting, insulting others, etc.
• Engaging in physical violence or challenging others to fight, including through actions such as pushing, shoving, or grabbing a person

What to Do If Arrested for Being Drunk and Disorderly

If you’re charged and convicted of being drunk and disorderly in Hickory, North Carolina, for the first time, this Class 3 misdemeanor is punishable by time in jail and paying a fine. If you have prior convictions of public intoxication, it’s more likely that your jail sentence will increase. It’s important to avoid incurring a conviction on your permanent criminal record and suffering the accompanying long-term repercussions. This begins with being mindful during your arrest.

If you are arrested or charged with being drunk and disorderly, it’s crucial that you remain calm. This may be difficult while impaired, but acting in a fully cooperative manner may prevent you from incurring any additional charges. It’s also advised that you express your want for an attorney early on, as this prevents law enforcement from questioning you until your counsel arrives. It’s wise to remain silent, as is your constitutional right, to avoid self-incrimination.

As your defense lawyer will tell you, it is vital that you know when your court appearances are and that you attend all hearings where your presence is mandatory. Be sure to arrive on time, and if you happen to miss a court date, promptly reschedule it. Not showing up to court and failing to take corrective measures can result in supplemental serious charges.

Alcoholism Defense for Public Intoxication Charges

Under North Carolina statutes, alcoholism is considered to be a comprehensive defense argument, or “complete defense,” against charges of public intoxication and disorderly conduct. In fact, judges are required to consider this defense even in the event the defendant nor their legal team brings it up in their argument.

If alcoholism is suspected or brought forward as a defense, the judge is able to order that the defendant’s history of drinking behaviors be examined by an alcohol treatment counselor. If there’s evidence of alcoholism, resulting in an acquittal, the judge can also order the defendant’s involuntary custody, civilly committing them to be evaluated as a substance abuser and receive treatment.

FAQs

Q: What Is the Statute for Public Intoxication in NC?

A: North Carolina Statute 14-444 prohibits any person intoxicated in public to behave in a disruptive fashion. Disruptive and disorderly conduct includes an intoxicated individual blocking or interfering with traffic in any public vehicular area; preventing or interfering with access to/passage across a public walkway; participating in physical violence or provoking others to fight; rudely insulting, yelling, or cursing at another person; or begging for money or other property.

Q: Is It Illegal If I’m Found Intoxicated in Public in North Carolina?

A: In North Carolina, it is not illegal to be intoxicated or drunk while in public— as long as you are not being disruptive or participating in another unlawful act, such as disturbing the peace or driving while intoxicated. This means that if an officer suspects you of being intoxicated while simply walking in a public place or as a passenger in a vehicle with no open containers of alcohol, you cannot be found violating the law.

Q: Can I Be Charged With Disorderly Conduct for Public Drunkenness?

A: If you are publicly intoxicated, you may not necessarily be charged with disorderly conduct. If you’re drunk in public but not acting disruptively, you won’t be charged. However, if you’re drunk and engaging in disorderly conduct, you may only be charged with being drunk and disorderly.

It is possible to be charged with disorderly conduct in addition to public intoxication, meaning there are two separate charges against you, but this depends on the exact circumstances of your case.

Q: Do I Need a Lawyer for a Drunk and Disorderly Charge in NC?

A: There are no North Carolina laws requiring you to obtain legal counsel after being charged with public intoxication or being drunk and disorderly. It is highly recommended, however, to acquire the representation of an experienced and qualified attorney for drunk and disorderly charges. A skilled law professional can advise you on how to proceed, what not to do, and build a strong defense for your case.

Skilled and Adept Defense Lawyers

At Cody Law Firm, your legal needs are our priority, and we can fight hard to protect your rights. A public intoxication charge or other misdemeanor conviction may not seem like the most serious crime, but it’s important to make smart legal choices. Adding to your criminal record can have significant negative consequences. To better your chances of avoiding harsh penalties and a conviction, schedule a consultation with one of our compassionate and experienced defense attorneys today.