Many states have criminal statutes outlawing public intoxication. These laws allow police to arrest or cite individuals simply for showing obvious signs of alcohol or drug intoxication in public. However, New Jersey takes a different approach by specifically not allowing state or local laws outlawing public intoxication. Still, public intoxication may cause someone to act in a way that violates other criminal statutes or local ordinances, such as disorderly conduct in public.
Is Public Intoxication Illegal in New Jersey?
Public intoxication itself is not illegal in New Jersey. The state does not have laws that specifically make it a crime to walk around in public while intoxicated. New Jersey law even prohibits municipalities in the state from passing public intoxication ordinances. The statute states that no county, city, town, or other government in New Jersey can pass any law or rule making it a crime to be intoxicated in public or anywhere else. They cannot even give any kind of criminal or civil punishment, such as a fine or jail time, for public drunkenness.
New Jersey’s public policy prioritizes addressing underlying medical, mental health, or social issues that lead to alcohol or drug abuse. The state does this by creating a safe environment where people will not face criminal charges solely for being in public while intoxicated. Not having public intoxication laws can also help reduce incidents of drunk driving. People can walk home from bars or parties or call taxis or Ubers to get home without fear of an arrest for public intoxication.
However, the prohibition on public intoxication laws does not prevent New Jersey or its municipalities from passing other laws criminalizing specific conduct in an intoxicated state. For example, the statute specifically allows for laws prohibiting drunk driving.
What Behavior Might Lead to Criminal Charges While Publicly Intoxicated?
While New Jersey doesn’t explicitly have public intoxication charges, certain activity while publicly intoxicated may lead to a person facing other criminal charges. For example, someone could get arrested for disorderly conduct while drunk. New Jersey’s disorderly conduct statute makes it a crime for a person to engage in specific behavior, including:
- Improper behavior – It is a crime to purposely or recklessly cause panic, annoyance, or inconvenience in public. This may include fighting, making threats, acting violently or wildly, or creating a dangerous situation for no good reason.
- Offensive language – Disorderly conduct also includes purposely or recklessly speaking unreasonably loudly, offensively, or abusively in public. This crime may depend on the place and people around.
A conviction for disorderly conduct charges is a petty disorderly persons offense, which is New Jersey’s version of a misdemeanor.
Public intoxication can also lead to motor vehicle-related offenses. For example, driving while intoxicated can lead to DUI charges. Even drinking in a vehicle while parked in public can lead to charges under New Jersey’s open container laws, which prohibit drivers and passengers from possessing open alcohol containers in vehicles on public roads. However, New Jersey considers these violations traffic offenses, not criminal charges.
What Are the Differences Between Public Intoxication and DUI?
The primary difference between public intoxication and DUI involves the use of motor vehicles. A person may engage in public intoxication by walking down the street while significantly impaired by alcohol or drugs. However, a person does not commit a crime by public intoxication unless they engage in disorderly conduct or commit another criminal offense.
Conversely, a driver automatically commits the traffic offense of DUI by operating a motor vehicle while under the influence of alcohol or drugs. A driver arrested for DUI can face additional charges involving possession of an open container of alcohol in their vehicle or possession of illicit drugs or drug paraphernalia.
What Is the Role of Law Enforcement in Public Intoxication Arrests?
New Jersey has prohibited criminal public intoxication charges to encourage law enforcement to help people showing visible signs of significant intoxication in public. The idea is that someone who is severely intoxicated may be suffering medical distress and needs help, not criminal enforcement. However, police will switch from a community caretaking to a law enforcement role when publicly intoxicated people disrupt the peace or pose a danger to others’ safety, such as committing disorderly conduct or driving under the influence of alcohol or drugs.
Under New Jersey law, a police officer may escort a publicly intoxicated person to their home, an intoxication treatment center, or a healthcare facility. They are not under arrest unless they commit a crime. The law allows officers to use force as reasonably necessary to assist an intoxicated person – as long as it won’t cause injury. Officers may also search an intoxicated person and the immediate surroundings for weapons if they have reasonable concerns for their or the public’s safety.
By allowing police to take a compassionate and caring position rather than a law enforcement role, the state hopes to protect a publicly intoxicated person’s health and safety. That doesn’t come at the expense of everyone else’s safety, though.
Call Our Criminal Defense Attorneys in New Jersey for Legal Help
If you’re faced with intoxication-related charges in New Jersey, you deserve experienced legal advocacy to protect your rights and interests. The legal team at the Law Offices of Jonathan F. Marshall has over 200 years of combined experience defending clients facing charges related to public intoxication and other criminal offenses. We have a proven track record of securing favorable results, including reduced charges, dismissals, and acquittals. As one of our clients wrote about our legal representation:
“Jonathan did an incredible job for me. It’s not only his knowledge and skills that are so impressive but his ability to make you feel so comfortable. Jonathan is a regular person who you can talk to like any other person. It is nice to have such a talented lawyer attorney working for you who you can feel so comfortable with. He is definitely special, and you would be wise to hire him.”
Contact our firm today for a free, confidential consultation to discuss your legal options with an experienced criminal defense attorney in New Jersey.
