The Iowa Supreme Court was tasked with considering whether or not a homeowner could be convicted of Public Drunkenness or Public Intoxication when the person was on the front porch of her own residence. According to an online article, the police were summoned to the residence to investigate a domestic incident. Upon arriving, they encountered a woman on her front porch. They administered a preliminary or portable breath test, also known as a PBT, and the woman's blood alcohol level was over a .20%. The woman was arrested for suspicion of a domestic violence assault and also public drunkenness. The assault was later dismissed, but the woman was convicted of public drunkenness, and that led to the appeal and consideration by the state supreme court.
As a State College criminal defense attorney, I have heard many fact patterns involving how students at Penn State, Lock Haven, and Juniata have been charged with Underage Drinking and Public Drunkenness. However, I recently read an article in which a DeSales University student was stopped by police after he was drunk jogging along a road and causing vehicles to take defensive maneuvers to avoid striking him. Many of my Penn State University Park clients have been unable to walk and have been almost struck by vehicles on College or Beaver Avenues, but I cannot recall a case in which they were jogging, unless they were actually running away from the police.
New Hampshire residents near Keene celebrate an annual pumpkin festival at which attendees try to set a world record of the largest number of carved and lighted jack-o-lanterns in one place. Sounds like it would be a nice family gathering. It just so happens that students from nearby Keene State College also attend. Regrettably, a few of the students had too much to drink this past year, got out of hand, and wrecked the festival by basically starting a riot. According to onlookers, some people started throwing rocks, skateboards, buckets, and not so surprisingly, pumpkins. Aside from throwing things, the crowd also flipped over a car, tore down street signs, and set some fires in the streets. Police responded in riot gear and tried to disperse the crowds with tear gas.
A Florida woman did not believe that her verbal assaults were getting the appropriate response from another woman that was walking by on the street, so the Florida woman bumped it up a notch and threw a pair of underwear at the other woman. Police were summoned. Surprise, surprise, alcohol appears to have been involved. It would probably be more accurate to say that alcohol was the cause of the drunken, belligerent behavior.
I have heard many stories of a groom getting a bit too drunk at a reception. I have even heard stories of some men having a few drinks to calm their nerves before the actual wedding. An Australian man was recently told by the pastor that the man was too drunk to get married, and the pastor refused to perform the ceremony. The would-be groom disagreed with the pastor and insisted that the pastor complete the marriage ceremony. After the pastor refused, the man became a little disorderly, and it sounds as if he resisted arrest when the police were summoned.
A man that lost $500,000.00 while gambling in Las Vegas is trying to use his public intoxication as an excuse and is suing the casino to recover his losses. The man is blaming the casino for giving him free drinks, getting him drunk, and then taking his money. The man is not claiming that the casino forced him to drink but is instead arguing that it was the casino job to make sure that he drank responsibly. I think that most people would expect that a 52-year-old man would be responsible enough to know that he should not spend 17 hours drinking and gambling.