What to Do After a Public Intoxication Charge in State College, PA

College towns across America see thousands of public intoxication arrests each year. Alcohol-related offenses remain among the most common citations in Centre County, where State College is located. If you have been charged with public intoxication in State College, the steps you take immediately afterward can significantly impact your future. At Terry Hess Law, our experienced defense attorney can help you make informed decisions during this challenging time.

What Pennsylvania Law Says About Public Intoxication

Pennsylvania law addresses public drunkenness under Title 18, Section 5505 of the Pennsylvania Crimes Code. The statute makes it a summary offense when someone appears in a public place while manifestly under the influence of alcohol or a controlled substance to the degree that they may endanger themselves or other persons or property or annoy persons in their vicinity.

The key elements prosecutors must prove include your presence in a public location, visible intoxication, and that your condition created danger or annoyance. Public places include streets, sidewalks, parks, bars, restaurants, and areas of the Penn State campus accessible to the general public.

In State College, police officers have broad discretion in making these arrests. The downtown area near campus sees heightened enforcement, especially during football weekends and major university events. Officers often cite individuals who are stumbling, overly loud, or unable to care for their own safety.

A public intoxication charge is a summary offense in Pennsylvania, which is the least severe category of criminal offense. However, summary offenses still carry real consequences that should not be ignored.

Immediate Steps to Take After Your Charge

Your actions in the hours and days following a public intoxication charge matter tremendously. The decisions you make during this critical period can significantly influence the outcome of your case and protect your long-term interests. Taking the proper steps immediately helps preserve your rights and creates opportunities for favorable resolutions.

• Remain calm and polite with law enforcement throughout the entire interaction, as arguing will only make your situation worse and could lead to additional charges
• Write down everything you remember about the incident while details remain fresh, including the time, location, what you were doing, who accompanied you, and precisely what officers said
• Keep all paperwork the officers gave you, which typically includes a citation with your court date, the specific charges, and information about where and when to appear
• Contact an experienced public intoxication attorney as soon as possible to evaluate your case, identify potential defenses, and negotiate on your behalf

Missing your court date will result in a warrant for your arrest and additional penalties. Recording the names of any witnesses who saw what happened becomes crucial if you decide to contest the charge. Many people assume summary offenses do not require legal representation, but this assumption can prove costly.

Potential Consequences You Face

The penalties for public intoxication in Pennsylvania include fines up to $500 and imprisonment for up to 90 days. Most first-time offenders do not receive jail time, but judges have discretion based on the circumstances of your case and your prior record.

Beyond legal penalties, a conviction creates a permanent criminal record. This record appears on background checks conducted by employers, landlords, and professional licensing boards. The consequences extend into multiple areas of your life:

• Employment opportunities become limited as many companies conduct criminal background checks and may reject applicants with convictions
• Housing applications often require disclosure of criminal history, and landlords may refuse to rent to individuals with records
• Professional licensing boards for careers in healthcare, education, law, and finance scrutinize alcohol-related offenses carefully
• Graduate school admissions committees review criminal history and may deny acceptance based on past convictions

Penn State students face additional consequences through the university’s Office of Student Accountability and Conflict Response, which may impose academic probation, mandatory counseling, or suspension. International students risk complications with their visa status and future immigration applications.

Your Legal Options and Defenses

You have several options for responding to a public intoxication charge. The simplest option is to plead guilty and accept the penalties, but this should be done only after consulting an attorney who can explain all alternatives.

Many first-time offenders qualify for diversionary programs. The Accelerated Rehabilitative Disposition (ARD) program allows eligible defendants to complete probation, community service, and alcohol education classes. Upon successful completion, the charges are dismissed, and your record can be expunged. ARD is not automatic; you must apply through the district attorney’s office with your attorney’s assistance.

Contesting the charge is another option if factual or legal defenses exist. Common defenses include:

• Challenging whether you were actually in a public place at the time of the arrest
• Arguing that you were not manifestly intoxicated to the degree required by law
• Demonstrating that you did not endanger anyone or cause annoyance to others
• Showing that officers lacked probable cause to approach or detain you

Another potential defense involves medical conditions that mimic intoxication. Diabetes, neurological disorders, and certain medications can cause symptoms officers mistake for drunkenness. Medical records and expert testimony can support these defenses.

Special Considerations for Penn State Students

Penn State students face a dual process. The criminal court handles legal penalties, while the university pursues separate disciplinary action through the Student Code of Conduct. These processes run independently, and outcomes in one do not determine outcomes in the other.

The Office of Student Accountability and Conflict Response may impose various sanctions that affect your academic standing and campus life. These disciplinary measures can include:

• Disciplinary probation that restricts your participation in campus activities and organizations
• Required attendance at alcohol education workshops and individual counseling sessions
• Mandatory community service hours that must be completed within specified timeframes
• Suspension from the university for one or more semesters, depending on the severity of the violation

Student athletes face additional scrutiny from coaches and athletic department administrators. Depending on team policies and the timing of your charge, you may be suspended from competition or removed from the team. Students on academic or athletic scholarships may lose funding.

Take Legal Action Today

A public intoxication charge feels overwhelming, but you have options. The decisions you make now will shape the outcome of your case. Do not wait until your court date approaches to seek help. Contact us online or call 814-880-4377 to schedule a consultation. Your case deserves serious attention from attorneys who care about the results.