One moment you’re celebrating with friends, and the next, you’re being approached by a police officer who says you’ve had too much to drink. Whatever the circumstances, you are now facing questions about your sobriety—and potentially, criminal charges. If this scenario sounds familiar, you are not alone.
Every year, Washington residents find themselves in similar situations, often surprised to learn that being drunk in public can lead to serious legal consequences. Here’s what you need to know about Washington’s public intoxication laws and what they could mean for you.
If you have been charged with public intoxication, contact our Tacoma misdemeanor defense lawyer to discuss your legal options. Schedule your free case evaluation today.
Washington’s Laws on Public Intoxication
In Washington, being intoxicated in public can indeed be charged as a crime. The law makes it a misdemeanor offense if you are found in any public place under the influence of alcohol, drugs, controlled substances, toluene, or any combination of these substances.
However, simply being drunk in public isn’t automatically illegal. To secure a conviction, the prosecutor must prove certain elements beyond a reasonable doubt:
- First, they must establish that you were in a public place.
- Second, they need to demonstrate that you were under the influence of an intoxicating substance.
- Third, they must show either that you were unable to care for your own safety or the safety of others, or that you interfered with, obstructed, or blocked the free use of a street, sidewalk, or other public area because of your intoxication.
This third element is important because it means that simply being intoxicated while walking down the street isn’t enough for a conviction. The prosecution must connect your level of intoxication to an actual safety concern or obstruction.
Penalties for Being Intoxicated in Public
If you are arrested for public intoxication in Washington, you will typically be taken to a local jail and held until you sober up. Because this offense is classified as a misdemeanor, the maximum penalties include up to $1,000 in fines and up to 90 days in jail. However, if your intoxication led to property damage or harm to another person, you could face additional charges and more severe consequences, such as charges for trespassing.
How to Defend Yourself Against Public Intoxication Allegations
You can leverage several strategies to defend yourself against public intoxication charges. For example, you might challenge whether you were actually in a public place as defined by law, dispute the evidence of your intoxication level, or argue that you posed no safety risk and didn’t obstruct any public areas.
Identifying the right approach requires deep legal knowledge. A Tacoma criminal defense attorney can scrutinize the prosecutor’s case for weaknesses you might not recognize on your own—potentially leading to reduced charges or dismissal.
Facing Charges? Talk to a Washington Defense Lawyer
A public intoxication charge in Washington may seem minor compared to other criminal offenses, but the consequences can ripple through your life in unexpected ways. You have the right to defend yourself, and you deserve an advocate who will fight for your future.
If you’ve been charged with public intoxication or a related offense, schedule a confidential consultation with a Tacoma, WA misdemeanor defense attorney and start building your case.