In many states, public intoxication is a criminal offense. But while it is not illegal to be drunk in public in North Carolina, it is against the law to be drunk and disorderly. Effectively, this means causing a scene in public that impacts the safety or welfare of others in some way. The law specifies certain acts that are prohibited when intoxicated — including interfering with traffic, fighting, and blocking entrances to buildings.

Is it Illegal to Be Drunk in Public in North Carolina?

There is no crime of public intoxication in North Carolina and no person can be prosecuted simply for being drunk in a public place. However, there are strict laws in place that prohibit drunk and disorderly conduct. In other words, being drunk in public only becomes a criminal offense when engaging in an act of disorderly conduct and disruption. Under North Carolina statute § 14-444, it is unlawful for a person to be intoxicated and disruptive in a public place in any of the following ways:

• Blocking or interfering somehow with traffic on a highway or public vehicular area
• Blocking, lying across, preventing, or interfering with access to a passage across a sidewalk or building entryway
• Grabbing, shoving, or pushing others
• Engaging in a fight with others or challenging others to a fight
• Using profanities towards, shouting at, or rudely insulting others
• Begging for money or property

Anyone who violates the above law may be guilty of a Class 3 misdemeanor. Although this is the least serious class of misdemeanors in North Carolina, it still carries a maximum of 20 days in jail. But if you have four or fewer criminal convictions, you would not face jail time — in such instances, you would only incur a fine. In the event you’ve been convicted of five or more prior convictions you could face a jail sentence if you are convicted of the offense of drunk and disorderly conduct.

What are the Penalties for Drunk and Disorderly Conduct in North Carolina?

A conviction of the crime “intoxicated and disruptive in public” can result in significant consequences and come with serious ramifications. Although it is not the most serious crime on the books, being found guilty of drunk and disorderly conduct can still result in a criminal record. Having a permanent criminal record can make various aspects of your life more challenging. For example, it might be more difficult to be accepted into college, rent an apartment, or find employment.

Even if it’s your first criminal offense, you could receive a suspended sentence of up to a maximum of ten days in jail for a drunk and disorderly conviction. In the event you’re a repeat offender, you could face enhanced penalties. Other consequences can include monetary fines, community service, probation, and more.

The Defense of Alcoholism for a Drunk and Disorderly Charge in North Carolina

North Carolina law allows an individual to use alcoholism as a defense for a drunk and disorderly charge in North Carolina. This defense may be raised by the defendant or on the court’s own accord. Critically, a judge may postpone a trial by 15 days in order to give them time to determine whether the accused suffers from alcoholism. If a defendant does, in fact, succeed in using alcoholism as a defense to a drunk and disorderly charge, they may be sentenced to a counseling program rather than face the penalty of prison or community service.

Under the statute, a judge may direct an alcoholism court counselor to conduct a prehearing review of the defendant’s drinking history. This allows the court the opportunity to gather the necessary information regarding whether the defendant suffers from alcoholism.

If a defendant is found not guilty of being intoxicated and disruptive in a public place because they suffer from alcoholism, the trial court may retain jurisdiction for up to 15 days to determine whether they are a substance abuser and a danger to themselves or others. This determination can be made at the time the defendant is found not guilty — or the defendant may be required to return to court within the 15-day period for the judge to make the determination.

Contact an Experienced North Carolina Criminal Defense Attorney

If you’ve been charged with the criminal offense of “intoxicated and disruptive in public,” it’s vital to have a skillful criminal defense attorney by your side who can safeguard your legal rights and fight the charges against you. The Johnston County criminal defense attorneys at Reece & Reece, Attorneys at Law provide experienced representation for a broad array of criminal offenses. Call (919) 300-1249 to schedule a consultation and learn how we can help.