What to Expect If You’re Charged With Public Intoxication in Philadelphia

Whether you were cited outside a bar, at a concert, or in a public park, here’s what you need to know about public intoxication charges in Pennsylvania—and how a criminal defense attorney can help protect your record.

What Is Public Intoxication in Pennsylvania?

Public intoxication is formally called “Public Drunkenness and Similar Misconduct” under 18 Pa. C.S. § 5505. It is a summary offense, which is the lowest level of criminal charge in Pennsylvania—but it’s still a criminal offense.

You can be charged if you appear in a public place:

“Manifestly under the influence of alcohol or a controlled substance to the degree that you may endanger yourself, others, or property, or annoy persons in your vicinity.”

In other words, being drunk in public isn’t enough by itself—police must believe you were a danger or nuisance.

Common Places Where People Are Charged

• Outside bars or clubs in Center City

• At sporting events or tailgates

• In train stations or on public transit

• On college campuses or student housing areas

• In public parks or festivals

Charges often come after someone is:

• Loud, disorderly, or falling over

• Blocking sidewalks or streets

• Ignoring commands from police

• Involved in a verbal argument or fight

• Found passed out or needing medical help

What Are the Penalties for Public Intoxication?

Although it’s a summary offense, a conviction still carries real consequences:

• Fine of up to $500 for a first offense

• Fine up to $1,000 for second or subsequent offenses

• Permanent criminal record, unless expunged

• May result in court costs, alcohol education, or community service

If drugs were involved, or if you're under 21, the charge may trigger additional penalties—such as license suspension or other charges like underage drinking or possession.

Can You Go to Jail for Public Intoxication?

Technically, yes—but it’s rare. Most cases result in a citation, release, and scheduled court date. However, if:

• You are aggressive or noncompliant

• You have outstanding warrants

• You were involved in another offense (e.g., disorderly conduct, resisting arrest)

—police may detain you or file additional charges.

Can You Fight a Public Intoxication Charge?

Yes. A criminal defense attorney can help by:

✅ Arguing you were not intoxicated to a dangerous degree
✅ Challenging whether you were in a truly public place
✅ Showing no harm or disruption occurred
✅ Presenting witness testimony that contradicts the officer’s claims
✅ Negotiating for withdrawal or dismissal
✅ Pursuing summary offense expungement (if eligible)

In many cases, your lawyer can resolve the charge without you ever needing to appear in court—especially for first-time offenders.

How to Get a Public Intoxication Charge Expunged

You may be eligible to expunge the charge if:

• You were found not guilty

• The charge was dismissed or withdrawn

• You were convicted of a summary offense, and 5 years have passed without further arrests

Your attorney can file the necessary petition with the court and represent you in any required hearing.

Why It’s Important to Take the Charge Seriously

Many employers, schools, landlords, and licensing boards run background checks. A conviction—even for a minor charge like public intoxication—can raise red flags.

That’s why it’s important to handle the case proactively, even if it seems minor.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been cited or charged with public intoxication in Philadelphia or anywhere in Pennsylvania, don’t take chances with your future. With over 30 years of experience, Mark D. Hauser knows how to fight summary offenses, protect your record, and guide you toward a clean resolution.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.