Public intoxication is one of the lowest-level criminal charges in Tennessee — a Class C misdemeanor with a maximum fine of $50 and no jail time for a first offense. But it is still a criminal charge. It goes on your record. It shows up in background checks. And it is often the entry point for more serious charges, because officers who arrest someone for public intoxication frequently discover other offenses during the encounter — outstanding warrants, drug possession, disorderly conduct, or resisting arrest.
Under T.C.A. § 39-17-310, public intoxication occurs when a person appears in a public place under the influence of alcohol or a controlled substance to the degree that the person may be endangered or may endanger other persons or property, or the person unreasonably annoys people in the vicinity. That statutory language contains several elements, each of which the State must prove — and each of which creates room for a defense.
This page covers the legal elements of public intoxication in Tennessee, the penalties, the common defenses, and the practical consequences of a conviction — including how this charge interacts with other offenses it is frequently paired with.
Elements of Public Intoxication Under Tennessee Law
T.C.A. § 39-17-310 defines public intoxication as appearing in a public place under the influence of alcohol, a controlled substance, or any other substance that impairs the person’s mental or physical abilities, when that person:
- Is a danger to themselves,
- Is a danger to other persons or property, or
- Unreasonably annoys people in the vicinity.
The statute requires more than just being intoxicated. It requires being intoxicated and meeting one of those three behavioral thresholds. A person who is drunk but sitting quietly on a bench, bothering no one, does not meet the statutory definition. The State must prove both the intoxication element and the behavioral element.
What Counts as a “Public Place”
A “public place” under Tennessee law means any place to which the public has access. This includes streets, sidewalks, parks, parking lots, bars, restaurants, stores, stadiums, and hotel lobbies. It also includes quasi-public spaces like the common areas of apartment complexes. Private residences are generally not public places — so a person who is intoxicated inside their own home, or inside a friend’s home, is not committing public intoxication under the statute, even if they are visible from the street.
The “public place” element matters because it is an element the State must prove. If the defendant was on private property — their own front porch, a private backyard, a hotel room — the charge may fail. The line between public and private is not always bright, and the specific facts of each case determine where it falls.
What “Under the Influence” Means
The statute covers intoxication from alcohol, controlled substances (as classified under the Tennessee drug schedule), or any other substance that impairs mental or physical abilities. Unlike DUI, there is no per se blood alcohol threshold for public intoxication. The State does not need to prove a specific BAC. Instead, it must prove observable impairment — that the person’s behavior, appearance, speech, or motor function indicated intoxication sufficient to create danger or unreasonable annoyance.
Officers typically document signs of intoxication in their reports: slurred speech, unsteady gait, the odor of alcohol, bloodshot and watery eyes, disorientation, or inability to stand without assistance. These observations are the evidentiary foundation for most public intoxication charges.
The Behavioral Threshold: Danger or Annoyance
This is the element that separates criminal public intoxication from simply being intoxicated in public. The State must prove that the intoxicated person was a danger to themselves, a danger to others, or unreasonably annoying to people nearby. “Unreasonably” is the key qualifier — it means the annoyance must be more than trivial. Loud singing at 3 AM on a residential sidewalk may qualify. Sitting on a park bench smelling like beer probably does not.
The “danger to self” prong is the most commonly invoked. Officers frequently cite it when a person is stumbling in or near a roadway, passed out on a sidewalk, or so intoxicated they cannot care for themselves. This prong gives officers broad discretion, which is both a practical reality and a source of potential defense challenges.
Penalties for Public Intoxication in Tennessee
Public intoxication is a Class C misdemeanor under Tennessee law. The penalties are:
- First offense: Fine of up to $50. No jail time authorized.
- Second offense (within 12 months): Fine of up to $50 and/or up to 30 days in jail.
- Third and subsequent offenses (within 12 months): Fine of up to $50 and/or up to 30 days in jail.
These are some of the lightest penalties in the Tennessee criminal code. But the penalties themselves are not the primary concern for most people charged with public intoxication. The primary concern is the criminal record.
The Criminal Record Problem
A public intoxication conviction, even for a first offense with a $50 fine, creates a criminal record that will appear in background checks. Employers, landlords, professional licensing boards, and educational institutions may see the conviction. For someone with no prior criminal history, a public intoxication conviction can be a disproportionate consequence — a permanent mark for what amounts to a bad night out.
Tennessee does allow expungement of certain misdemeanor convictions, but the process has eligibility requirements and waiting periods. A pretrial diversion program — if available in the jurisdiction — may be a better option because it avoids the conviction entirely. Under diversion, the charge is dismissed after the defendant completes a period of supervision and satisfies any conditions imposed by the court.
Defenses to Public Intoxication
Because the statute requires proof of multiple elements — intoxication, a public place, and danger or unreasonable annoyance — each element offers a potential defense.
Not in a Public Place
If the defendant was on private property at the time of the arrest, the public intoxication charge fails. This defense applies when someone is arrested on their own front porch, in a friend’s yard, in a private parking lot that is not open to the general public, or inside a private residence. The State must prove the location was a “public place,” and the defense can challenge that characterization based on the specific facts.
Not Creating Danger or Annoyance
Being intoxicated in public is not a crime by itself — the statute requires the additional behavioral element. If the defendant was sitting quietly, waiting for a ride, or walking home without bothering anyone, the behavioral element is absent. Officers sometimes arrest intoxicated people preemptively — before any danger or annoyance has materialized — and that preemptive action does not satisfy the statute’s requirements.
Medical Condition
Several medical conditions can mimic the signs of intoxication. Diabetes (particularly diabetic ketoacidosis) can produce confusion, unsteady gait, and an odor on the breath that officers mistake for alcohol. Neurological conditions, certain medications, fatigue, and head injuries can all produce symptoms that look like intoxication but are not. If the defendant was experiencing a medical event rather than voluntary intoxication, the charge fails because the intoxication element is not met.
Involuntary Intoxication
If someone was drugged without their knowledge — a drink was spiked, a medication interaction produced unexpected impairment — the intoxication is involuntary. Tennessee courts recognize involuntary intoxication as a defense. The defendant was not acting voluntarily and should not be held criminally responsible for a condition they did not choose.
Charges Commonly Paired with Public Intoxication
Public intoxication rarely stands alone. Officers who encounter an intoxicated person in public often develop additional charges during the encounter. Understanding the common pairings is important because the additional charges frequently carry more serious penalties than the public intoxication itself.
Disorderly Conduct
Under T.C.A. § 39-17-305, disorderly conduct is a Class C misdemeanor (same as public intoxication) but covers a broader range of behavior: fighting, violent or threatening behavior, creating a hazardous condition, or making unreasonable noise. When an intoxicated person is loud, confrontational, or disruptive, officers often charge both public intoxication and disorderly conduct. The two charges have overlapping elements, and a defense attorney may be able to argue that they merge — or that the facts support one charge but not the other.
Resisting Arrest
An intoxicated person who does not cooperate with police during an arrest may be charged with resisting arrest under T.C.A. § 39-16-602, a Class B misdemeanor carrying up to 6 months in jail. This charge escalates the situation significantly. Intoxicated people are often confused, uncoordinated, and slow to comply — behavior that officers may characterize as resistance even when the person is not deliberately obstructing the arrest. The defense can challenge whether the person’s actions constituted intentional resistance or were simply the natural consequences of their impaired state.
DUI
If the intoxicated person was found near a vehicle, officers may investigate whether the person was driving under the influence before being found on foot. A DUI charge under T.C.A. § 55-10-401 is a Class A misdemeanor with mandatory minimum jail time, license revocation, and other severe consequences. The connection between public intoxication and DUI is often circumstantial — the person was found stumbling in a parking lot near a running car, for example — and the State must still prove that the person operated or was in physical control of the vehicle while intoxicated.
Simple Possession of Drugs or Paraphernalia
A search incident to arrest for public intoxication may reveal drugs or drug paraphernalia on the person. These discoveries lead to additional charges that dwarf the original public intoxication charge in severity. Whether the search was lawful — whether the arrest itself was supported by probable cause — is a threshold question. If the public intoxication arrest was improper, the evidence found during the search may be suppressible, which can eliminate the drug charges as well.
Practical Considerations: How Public Intoxication Cases Play Out
In Davidson County and other Middle Tennessee jurisdictions, public intoxication cases are typically handled in General Sessions Court. The process is straightforward: the defendant is arrested, may or may not post bond (the bond amount for public intoxication is usually minimal), and appears in court for arraignment. At that point, the case proceeds like any other misdemeanor — the defendant can plead guilty, negotiate a plea, or set the case for trial.
Because the charge is so minor, many defendants are tempted to plead guilty just to make it go away. This is often a mistake. A guilty plea creates a permanent criminal record. For first offenders with no other charges, better options may be available — pretrial diversion, dismissal in exchange for community service, or negotiation with the prosecutor. An attorney can evaluate the facts, assess the strength of the State’s case, and pursue the resolution that protects the client’s record.
For repeat offenders or people with substance abuse issues, public intoxication arrests may indicate a pattern that the court addresses through treatment programs. Tennessee courts have discretion to order substance abuse assessments and treatment as a condition of probation, even for misdemeanor offenses. This approach recognizes that repeat public intoxication arrests are often a symptom of a larger problem that punishment alone does not solve.
The Search Incident to Arrest Problem
One of the most significant practical consequences of a public intoxication arrest is that it triggers the right to conduct a search incident to arrest. Under the Fourth Amendment and Tennessee law, when officers make a lawful custodial arrest, they may search the arrestee’s person and the area within their immediate reach. For someone arrested for public intoxication, this means officers can search pockets, bags, wallets, and any containers on the person.
This search is where public intoxication cases frequently escalate. The officer arrests someone for a $50 misdemeanor and, during the search, discovers a bag of marijuana, a pill bottle with someone else’s prescription, a small amount of cocaine, or drug paraphernalia. What began as a minor charge becomes a drug case with far more serious consequences.
The legality of the search depends entirely on the legality of the arrest. If the public intoxication arrest was not supported by probable cause — if the person was not in a public place, was not intoxicated, or was not creating danger or annoyance — then the arrest was unlawful, and the search incident to that arrest was also unlawful. Any evidence found during an unlawful search is subject to a motion to suppress. Suppressing the evidence from the search can eliminate the drug charges even if the drugs were found on the person.
This chain of events — questionable public intoxication arrest leading to a search, leading to drug charges — is one of the most common patterns in misdemeanor drug cases. An attorney evaluating a drug case that originated from a public intoxication arrest will examine the arrest itself first, because if the foundation is unlawful, everything that followed collapses.
Nashville and Davidson County Considerations
In Nashville and Davidson County, public intoxication arrests are particularly common in the downtown entertainment district — Broadway, Second Avenue, and the surrounding blocks. The concentration of bars, live music venues, and tourist traffic creates a high volume of intoxicated pedestrians, and Metro Nashville Police Department officers patrol these areas with the expectation that public intoxication arrests will occur nightly.
For tourists and visitors arrested for public intoxication in Nashville, the logistics are an additional burden. A criminal charge in Davidson County requires a court appearance in Nashville. If you live out of state, you face the choice between traveling back to Nashville for court dates or hiring a local attorney who can, in many cases, appear on your behalf. Ignoring the charge and failing to appear will result in a bench warrant — creating a far more serious problem than the original $50 misdemeanor.
Davidson County General Sessions Court handles the initial proceedings for public intoxication charges. The court’s docket is heavy, and cases move through the system relatively quickly for minor misdemeanors. An attorney familiar with the Davidson County court system, the prosecutors’ office, and the available diversion programs can often resolve these cases efficiently — frequently without the defendant needing to appear in person for every hearing.
Frequently Asked Questions
Is public intoxication a criminal offense in Tennessee?
Yes. Public intoxication is a Class C misdemeanor under T.C.A. § 39-17-310. While the penalties are light — a first offense carries a maximum fine of $50 and no jail time — it is still a criminal charge that results in a criminal record upon conviction. That record will appear in background checks conducted by employers, landlords, and licensing boards. Because the charge is minor, many people do not take it seriously, but the criminal record it creates can have lasting consequences.
Can I be charged with public intoxication on my own property?
No. The statute requires that the person appear in a “public place” — a place to which the general public has access. Your home, your yard, your porch, and other private property are not public places under the statute. If you were arrested for public intoxication while on your own private property, the charge may be defective because the public-place element cannot be proven. The line between public and private can be blurry in certain situations (apartment complex common areas, shared driveways), but a private residence is clearly outside the statute’s reach.
Do I have to take a breathalyzer for a public intoxication charge?
No. Unlike DUI, there is no implied consent statute that applies to public intoxication charges. Officers do not need a BAC reading to charge public intoxication — the charge is based on observed behavior and symptoms, not a numerical threshold. You are not legally required to submit to a breathalyzer, blood test, or any other chemical test for a public intoxication charge. Officers will rely on their observations (slurred speech, unsteady gait, odor of alcohol, etc.) to support the charge.
Will a public intoxication charge affect my driver’s license?
A public intoxication conviction by itself does not carry a driver’s license suspension in Tennessee. It is not a traffic offense. However, if the public intoxication charge is paired with a DUI charge or arises from circumstances involving a vehicle, the related charges may affect your license. Additionally, accumulating a criminal record of any kind can have indirect effects on employment and licensing that may affect your ability to drive for work purposes.
Can a public intoxication charge be expunged?
In most cases, yes. Tennessee allows expungement of certain misdemeanor convictions after a waiting period, provided the person meets eligibility requirements. Public intoxication is generally an eligible offense. However, expungement requires filing a petition, paying a fee, and waiting for the court to grant the request. A better option for first offenders is often to avoid the conviction entirely through pretrial diversion or a negotiated dismissal — which eliminates the need for expungement later.
Talk to a Criminal Defense Lawyer
Nathan Cate handles public intoxication cases and related charges in Davidson County and throughout Middle Tennessee. Even for a low-level charge, having an attorney can mean the difference between a criminal record and a clean dismissal. Call (615) 664-8083 to schedule a consultation.
N. Cate Law is located at 222 2nd Avenue North, Suite 220, Nashville, TN 37201.