State College Public Drunkenness Lawyer
Public Drunkenness Charges in Pennsylvania: What You Need to Know
If you’ve been charged with Public Drunkenness in Pennsylvania, you likely have questions, including:
✅ How can police charge me without a breathalyzer or blood test?
✅ How serious is a Public Drunkenness charge?
✅ Will this appear on background checks?
Below, we answer these common questions and explain what to expect if you or a loved one are facing this charge.
What is Public Drunkenness in Pennsylvania?
Under 18 Pa.C.S. § 5505, Public Drunkenness is classified as a summary, non-traffic offense — the least severe level of criminal offense in Pennsylvania. However, it is still a criminal charge and carries potential penalties:
Up to 90 days in jail
Maximum fine of $500 for a first offense
Maximum fine of $1,000 for second or subsequent offenses
While jail time is rare for a first offense, a conviction results in a criminal record which can affect employment, education, and housing opportunities.
How Do Police Prove Public Drunkenness Without a Breath or Blood Test?
It is important to understand that being drunk in public is not automatically illegal. The law prohibits being so intoxicated in public that you:
✅ Endanger yourself, others, or property
✅ Annoy people in your vicinity beyond normal behavior
Evidence Used to Prove Public Drunkenness
Police do not need chemical tests to prove intoxication. Instead, they rely on circumstantial evidence, such as:
Bloodshot, glassy eyes
Odor of alcohol on breath
Slurred speech
Staggering or inability to stand
Falling asleep or passing out in public
Vomit or urine on clothing
- Blood or bruising from falling down
The old saying applies: “If it walks like a duck and quacks like a duck…” — If your appearance and behavior suggest intoxication, that may be enough for a judge to find you guilty.
What Qualifies as “Public”?
The incident must occur in a public place, but not all locations are considered public under the law.
Examples of Public and Non-Public Places
✅ Public: Streets, sidewalks, bars, restaurants
✅ Not Public: Private residences, private clubs with restricted access (e.g., some VFW halls)
Penn State students: Being intoxicated inside a dorm room typically does not qualify as “public” unless the area is accessible to the general public.
The Requirement of Danger or Annoyance
To secure a conviction, the prosecution must show that the intoxication posed a danger or annoyed others beyond mere irritation. Common examples include:
Passing out on public transportation
Stumbling near traffic
Being transported to a hospital for alcohol poisoning
- Vomit
- Blood or bruising
Simply being tipsy or annoying isn’t always enough to meet this legal threshold.
Will a Public Drunkenness Charge Appear on Background Checks?
Yes. Summary offenses, including Public Drunkenness, often appear on criminal background searches. This can:
Impact job opportunities, especially in sensitive fields like healthcare, education, and law enforcement
Affect university disciplinary proceedings
Limit eligibility for certain professional licenses
Expungement Options
A conviction cannot be expunged for five years
If your charge is dismissed, you may be eligible for immediate expungement
Diversionary programs are often available for first-time offenders, including Penn State students, to avoid a conviction
Defense Options for Penn State Students and Other First-Time Offenders
At JD Law, P.C., we regularly help Penn State students and other first-time offenders handle Public Drunkenness, Underage Drinking, and Fake ID cases. We guide clients through:
✅ The criminal court process
✅ University disciplinary proceedings
✅ Diversionary programs and expungement
Our goal is to help you minimize the long-term consequences and protect your future.
Free Case Review with an Experienced State College Defense Attorney
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.