Public Intoxication Defense Attorney in Lafayette

Lafayette is a bustling community with a vibrant nightlife and many bars and restaurants. Rarely does any social event in South Louisiana take place without alcohol. However, with this comes the potential for individuals to engage in public intoxication and potentially face legal consequences.

If you or a loved one has been charged with public intoxication, it is important to take immediate action to protect your rights and your future. The consequences of a conviction can be severe and may include fines, probation, and even jail time.

That is why it is essential to have an experienced and dedicated public intoxication defense attorney on your side. Chad Ikerd, and the team at the Ikerd Law Firm are committed to providing the highest level of legal representation to individuals facing public intoxication charges in the greater Lafayette area.

We understand that facing a public intoxication charge can be a stressful and overwhelming experience, but it doesn’t have to be a defining moment in your life.

Don’t let a public intoxication charge ruin your future.

Contact us today to schedule a consultation and take the first step toward protecting your rights and your future.

What is Public Intoxication?

Technically, “Public Intoxication” is considered one of the ways the crime of “disturbing the Peace” can occur. It is not a stand-alone crime under State law.

In order for a Disturbing the Peace arrest to occur for Public Intoxication, you must appear in an “intoxicated condition” “in such a manner as would foreseeably disturb or alarm the public.” La. R.S. 14:103(A)(3).

In reality, most people arrested for Public Intoxication appear under the influence of alcohol or drugs in a public place while causing a disturbance or endangering the safety of oneself or others.

It is considered a criminal offense in many jurisdictions, including Lafayette, LA, which has its own city ordinance making public intoxication a crime. Sec. 62-38. – Disturbing the peace.

Penalties for a conviction can include fines, jail time, community service, probation, and court-ordered alcohol treatment.

It can also have long-term consequences such as showing up on background checks and negatively impacting future employment and educational opportunities.

Although Public Intoxication itself is a misdemeanor offense, police often use this offense to arrest someone so they can be “lawfully” searched for drugs or weapons. This will sometimes lead to additional charges.

It is important to find an experienced attorney who knows how to fight and challenge such abusive police tactics. There may be legal actions you can take to suppress the original complaint of public intoxication and have the evidence of drugs or weapons thrown out of the accompanying felony charges.

In other words, if it can be proven the police did not have probable cause to arrest you for Public Intoxication, the evidence later discovered when you were searched may be inadmissible against you.

How is Public Intoxication Determined by Lafayette Law Enforcement?

Law enforcement officers use a variety of methods to determine if a person is publicly intoxicated. Some of the most common methods include:

Observation: An officer may observe a person’s behavior, speech, and physical appearance to determine if they are under the influence of alcohol or drugs. Signs of intoxication can include slurred speech, unsteady balance, bloodshot eyes, and the smell of alcohol on the breath.

Field Sobriety Tests: A law enforcement officer may administer field sobriety tests, such as the walk-and-turn test or the one-leg stand test, to assess a person’s physical coordination and balance.

Breathalyzer or Blood Test: A law enforcement officer may use a breathalyzer or request a blood test to measure a person’s blood alcohol content (BAC) and determine if they are above the legal limit.

It’s important to note that a person can still be arrested and charged with public intoxication even if their BAC is below the legal limit for driving under the influence.

The law enforcement officer’s observation, field sobriety tests, and their own judgment are also considered in determining whether a person is publicly intoxicated.

What Are the Potential Penalties for Public Intoxication in Lafayette?

The punishment for public intoxication can vary depending on the specific circumstances of your case. However, some potential penalties, if found guilty, may include:

• Fines: A person convicted of public intoxication may be required to pay a fine as punishment. The amount of the fine can vary depending on the jurisdiction and the specific circumstances of the case, but it can be up to $100.
• Jail time: In some cases, a person may face a short-term jail sentence as a result of a public intoxication conviction. The length of the sentence can vary depending on the jurisdiction and the specific circumstances of the case, but it can be up to 90 days in parish jail.
• Community service: In addition to or as an alternative to jail time, a person may be ordered to complete a certain number of hours of community service.
• Probation: A person may be placed on probation, which is a period of supervision during which the person must adhere to certain conditions set by the court.
• Alcohol treatment: In some cases, a person may be ordered to attend alcohol treatment or counseling as a condition of probation or as an alternative to other penalties.

Potential Defenses Against Public Intoxication Charges

There are several potential defenses that may be available to you as a means to clear your good name and get the charges dropped, dismissed, reduced, deferred, or leveraged to obtain another positive outcome.

Some of the most common defense strategies against public intoxication charges include:

• Involuntary Intoxication: A person may argue that they were involuntarily intoxicated. This could be the case if they were unknowingly drugged or forced to consume alcohol against their will.
• Insufficient evidence: A person may argue that there is insufficient evidence to support the charges against them. For example, the prosecution may not have sufficient evidence to prove that the person was under the influence of alcohol or drugs at the time of the alleged offense.
• Self-defense: Many Public Intoxication arrests arise out of people fighting, usually after they have been drinking. Understandably, this qualifies as “disturbing the peace.” However, if your actions were in defense of yourself or others and were not directly caused by your intoxication, there may be defenses that can be raised.
• Medication/Health: Certain medications and/or health conditions may present as intoxication when in fact the individual is not publicly intoxicated. Many people who suffer from blood sugar or diabetes problems can appear intoxicated when they have not consumed any alcohol or drugs.
• Not In a Public Place: This defense asserts and aims to prove that you were not physically in a ‘public place’ when intoxicated, as defined by Louisiana law.

Contact us now to know more about our services!