Indianapolis Public Intoxiction

Welcome everyone to Indianapolis and Super Bowl 46.  We hope everyone has a great time.  The city looks fantastic and there is lots of fun to be had but please be safe.  The arresstee processing center is preparing for the anticipated increase in arressts by opening up a second "court room" for minor offenses and we will be availabe 24 hours a day up to help through the Super Bowl. 

There are some things you may want to know during your stay.  There is no open container law here but we do have a law against Public Intoxication.  The number one statement we hear about Public Intoxication arrests is that the officer did not give the client a breathalizer.  Unfortunately, officers do not need to have you perform field sobriety tests or give you a breathalizer to arrest and charge you with public intoxication. 

Indiana Code 7.1-5-1-3

Public intoxication prohibited
     Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9).

To prove the element of intoxication the court can rely on the officer's training, experience and observations.  Intoxication is going to be considered an impairment of your mental or physical faculties.   A Class B misdemeanor can carry up to 180 days in jail.

Please be courteous and respectful of those around you and you shouldn't have anything to worry about.  However, if you are arressted for Public Intoxication, Disorderly Conduct, Operating a Vehicle While Intoxicate  or anything esle while visiting this week, please contact us to discuss your options.