The New Year’s celebrations are barely a week old, and odds are a fair amount of Oklahoma partied a little too hard and got slapped with a public intoxication charge. This kind of charge is strictly enforced in Oklahoma, as well as other Oklahoma liquor laws.
Oklahoma Public Intoxication Law makes it illegal to consume any kind of alcohol in a public place that is not licensed to serve or sell alcohol.
You can get arrested for public intoxication for one of three reasons.
- Being drunk on any road, in a public place, or at a public gathering
- Drinking in a vehicle or a public place
- Being drunk and disturbing the peace
Because Oklahoma public intoxication laws are so strict, you can even get arrested for riding shotgun while drunk. You can also get arrested if you’re drunk and being annoying to other people at the bar.
There are a few loopholes and grey areas when in comes to public intoxication in Oklahoma. Sometimes city ordinances will allow drinking during special events such as tailgating for football games or outdoor concerts.
While some cities make this exception, not every city will do so. Best practice is always to check with local authorities before the event to find out what is allowed.
If you get arrested for public intoxication in Oklahoma, according to Oklahoma Public Intoxication Law you can serve 5-30 days in jail and pay a fine between $100-$1,000 as public intoxication fine.
Instead of taking you to jail, police can take you into protective custody if you’re found to be intoxicated in public. This is done by taking you to your house or a treatment facility, however this can only be done with your consent.
While protective custody isn’t the same as getting arrested, you can still get arrested if there is not a treatment facility available or if you refuses to go to the treatment facility.
If you are unconscious or appear to be a danger to yourself or the public, police can take you into protective custody without your consent.
The attorneys at Baysinger, Henson, Reimer & Cresswell have experience in Oklahoma Public Intoxication Law and can help protect your future.