If you’re in Auburn, Alabama, particularly around Auburn University or downtown Auburn, understanding public intoxication laws is crucial. Public intoxication charges can have serious consequences, especially for students and residents who frequent popular areas. This blog post will explain what constitutes public intoxication in Auburn, the penalties you may face, and how a criminal defense attorney can help.
What is Public Intoxication in Auburn, Alabama?
According to Alabama Code § 13A-11-10, public intoxication occurs when a person appears in a public place under the influence of alcohol or drugs to the extent that they endanger themselves, others, or property, or they act in a disruptive or offensive manner that causes a public disturbance. In Auburn, this law is strictly enforced, especially in areas with high foot traffic, such as downtown Auburn and near Auburn University.
Whether you’re attending a football game, enjoying a night out in downtown Auburn, or participating in a campus event, it’s important to be aware that public intoxication is a crime. Law enforcement officers are vigilant, particularly in and around Auburn University, where student safety is a priority.
What Qualifies as a “Public Place” in Auburn?
In Auburn, a “public place” includes any area where the general public has access. This can range from streets and sidewalks in downtown Auburn to areas around Auburn University, such as Toomer’s Corner, local bars – like Sky Bar and 1716, restaurants and various eateries. Even private properties can be considered public if they are open to the public, like campus facilities or businesses in the downtown area.
Penalties for Public Intoxication in Auburn
In Auburn, public intoxication is classified as a Class C misdemeanor. While it may seem like a minor offense, the penalties can still be impactful. If arrested, you can expect to be booked, fingerprinted, your mugshot taken, and spend some time in the Lee County jail. If convicted, you could face:
- A fine of up to $500
- Up to 30 days in jail
- A permanent criminal record
A conviction can affect your future, particularly if you’re a student at Auburn University. It can impact your academic standing, future job prospects, and even your housing options. Therefore, it’s essential to take these charges seriously and seek legal counsel.
Ready to discuss your case? Contact our experienced Criminal Defense team, led by Top Attorney, Trip Walton, for a free initial case consultation*
Defending Against Public Intoxication Charges in Auburn
If you are charged with public intoxication in Auburn, there are several defenses or options that a skilled attorney might explore:
- Not in a Public Place: If the location where you were arrested is not considered a public place, this could be a strong defense. For example, being on private property that isn’t open to the public, such as a friend’s apartment, might not meet the criteria for public intoxication.
- Not Intoxicated: If you were not under the influence of alcohol or drugs, or if the level of intoxication did not cause a disturbance or danger, your attorney might argue that the charge is unwarranted.
- No Public Disturbance or Danger: Even if you were intoxicated, if your behavior did not cause a public disturbance or pose a danger to yourself or others, the prosecution may have difficulty proving the charges.
- Pleading Youthful Offender (YO): pleading as a youthful offender allows individuals under 21 at the time of the offense to be tried in a special status, potentially avoiding a permanent criminal record. If granted, the proceedings are confidential, and the penalties are typically less severe than those in adult court, offering a second chance to young offenders.
Pre-Trial Diversion Program in Auburn: A Second Chance
If you’ve been charged with public intoxication in Auburn, your attorney may recommend applying for the City of Auburn’s Pre-Trial Diversion Program, if you qualify. This program offers a valuable opportunity to resolve your case without a conviction on your record.
Participation in the Pre-Trial Diversion Program typically involves completing certain requirements, such as attending drug or alcohol education classes, performing community service hours, and staying out of legal trouble for a specified period. Once you successfully fulfill these obligations, the original charge may be dismissed, and you won’t have a conviction on your record.
It’s important to note that while this program can remove the conviction from your criminal record, the initial arrest will still appear. To fully clear your criminal record, including the arrest, you’ll need to pursue an expungement. An experienced attorney can guide you through both the Pre-Trial Diversion Program and the expungement process, helping you protect your future and move forward with a clean slate.
Why You Need an Auburn Criminal Defense Attorney
Facing public intoxication charges in Auburn, especially near Auburn University or downtown, can be intimidating. However, an experienced criminal defense attorney familiar with local laws can help protect your rights and minimize the impact on your life. Whether you are a student or a long-time resident, having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.
Conclusion
Public intoxication laws in Auburn, Alabama, are taken seriously, especially in areas like Auburn University and downtown Auburn. Understanding these laws and knowing your rights is essential to protecting yourself from the consequences of a conviction. If you or someone you know is facing public intoxication charges in Auburn, contact top Criminal Defense Team, led by Best Lawyer, Trip Walton aka ‘the Fighter’. We are committed to helping you navigate the legal system and achieve the best possible outcome for your case.
portions of this blog post were written with the assistance of ChatGPT
