DUI

Understanding Alabama’s Public Intoxication Law

Under Alabama Code § 13A-11-10, public intoxication occurs when a person appears in a public place under the influence of alcohol or drugs to the degree that they:

  • Endanger themselves or others, or

  • Disturb or annoy people nearby.

Importantly, simply being under the influence is not a crime — the state must prove that your behavior created a danger or disruption.

Public intoxication is a Class C misdemeanor in Alabama. While it may seem minor, a conviction can carry real consequences that impact your job, your reputation, and your criminal record.

Common Situations That Lead to Public Intoxication Charges

Public intoxication arrests often arise from simple misunderstandings or minor incidents that escalate unnecessarily. Common examples include:

  • Leaving a bar or restaurant after drinking

  • Arguing in public after consuming alcohol

  • Sleeping in a public place or car

  • Attending concerts, sporting events, or festivals

  • Police misinterpreting behavior as intoxication

In many of these cases, the accused person was not causing harm or posing a danger — and yet, they were arrested. Our attorneys know how to expose these weaknesses in the prosecution’s case.

Penalties for Public Intoxication in Alabama

Public intoxication is punishable by:

  • Up to 30 days in jail

  • Fines up to $200

  • Court costs, probation, and community service

  • A criminal record visible to employers and background checks

Even though this is a misdemeanor, a conviction can create lasting consequences. Our goal at Guntersville Law, LLC is to help you avoid a conviction through negotiation, dismissal, or alternative resolutions.

Possible Defenses to Public Intoxication Charges

Not every arrest for public intoxication is lawful — and not every case should lead to a conviction. Depending on the facts, we may argue that:

  • You were not intoxicated or police misjudged your condition

  • You were not in a public place at the time of the incident

  • You were not a danger to anyone — the law requires more than intoxication alone

  • Your rights were violated, or the arresting officer lacked probable cause

We carefully review police reports, body camera footage, and witness statements to find errors or inconsistencies that can lead to reduced or dismissed charges.

Why You Need an Experienced Defense Attorney

Even minor charges deserve serious attention. A public intoxication conviction can affect your job, your reputation, and your record. Having an experienced defense attorney can make all the difference.

At Guntersville Law, LLC, our attorneys:

  • Work to have charges dismissed or reduced

  • Negotiate for pretrial diversion or deferred prosecution where available

  • Protect your record from public view whenever possible

  • Ensure your constitutional rights are upheld at every stage

Attorney Paul A. Seckel, who holds both a Juris Doctor (JD) and a Master of Business Administration (MBA), brings exceptional legal and analytical skill to every case. He understands both the legal system and the practical consequences of criminal charges — and uses that insight to secure the best possible outcomes for his clients.

Schedule Your $100, 30-Minute Confidential Consultation

If you’ve been charged with public intoxication in Guntersville or Marshall County, the best thing you can do is act quickly. The sooner you speak with an attorney, the more options you’ll have to protect your record and your reputation.

At Guntersville Law, LLC, we offer a 30-minute, confidential consultation for just $100.

During your consultation, you will:

  • Speak directly with attorney Paul A. Seckel about your case

  • Receive a personalized, honest assessment of your legal situation

  • Learn your defense options and what steps can be taken right away

  • Get clarity and direction — without pressure or hidden fees

This consultation is your chance to take control of the situation, understand your rights, and begin building your defense with a trusted local attorney.

📞 Call 256-571-1529 or request your consultation online today to schedule your $100, 30-minute confidential consultation.
Serving Guntersville, Albertville, Arab, Boaz, Marshall County, and all of North Alabama.

Frequently Asked Questions About Public Intoxication in Alabama

1. Can I really be arrested just for being drunk in public?

Not necessarily. In Alabama, public intoxication requires more than just being under the influence — the state must show that you were acting in a way that endangered yourself or others, or that caused a public disturbance. Simply being in public after drinking is not, by itself, illegal.

2. What if I was on private property when I was arrested?

The law only applies to behavior in a public place. If your arrest occurred on private property — for example, in a friend’s yard, on your porch, or inside a private establishment — you may have a valid defense.

3. Will a public intoxication charge stay on my record?

Yes, unless it is dismissed, expunged, or resolved through a diversion program. Even though it’s a misdemeanor, it can appear on background checks and affect employment, education, or professional licensing opportunities. Our firm works to protect your record and, when possible, help you clear it.

4. What should I do right after being charged with public intoxication?

Do not argue with police or try to explain your side during the arrest. Instead, remain calm and contact an attorney immediately. Early legal intervention can make a major difference — including the possibility of getting charges dismissed before trial.

5. How long does a public intoxication case take to resolve?

Each case is different, but most misdemeanor cases in Alabama can be resolved within a few weeks to a few months. Having a skilled attorney ensures your case is handled efficiently and that your defense is fully prepared.

6. Can I avoid going to court for a public intoxication charge?

In some cases, yes. Depending on the circumstances and court requirements, your attorney may be able to appear on your behalf or resolve the matter without a full court appearance. We’ll discuss these options during your consultation.

7. How can a lawyer help me with a public intoxication charge?

A lawyer can:

  • Challenge the legality of your arrest

  • Negotiate with prosecutors for dismissal or reduced penalties

  • Seek entry into diversion or deferred prosecution programs

  • Protect your record from public disclosure through expungement

Our goal is always to help you move forward without lasting harm to your record or reputation.

8. How much does it cost to talk to a lawyer about my case?

At Guntersville Law, LLC, we offer a $100, 30-minute confidential consultation. This meeting gives you the chance to discuss your case directly with attorney Paul A. Seckel, get honest legal advice, and learn your options — all for one flat, transparent fee.

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