Public intoxication

Public intoxication, also known as "drunk and disorderly conduct" (sometimes, incorrectly, as "drunken disorderly"), is a summary offence in many countries. Public intoxication laws vary widely from country to country.

==California== Public Intoxicaiton is also the name of the new cd from critically acclaimed rapper Ditch from So Cal. (ditch420) Ditch has worked with Bishop don Juan, Hot Dollar, Cashis, Shock G, Chali 2na, Ekka Mouse, Opm, Dogboy and others for his new cd Public Intoxication due in stores Spring 2008. His debut cd; 2005's "Drunken Intoxicated Thug Catchin Ho's" was a strong underground hit, moving over 30,000 units on the streets of So Cal, earning him a major deal with Studio B Productions (Pato Banton, Mystic Roots). From 2005-2007 Ditch did over 230 shows for that cd playing with well known acts such as: Too Short, Bubba Sparxxx, Pepper, Fishbone, Mellow Man Ace, Sen Dog, Kottonmouth kings, The Reyes Bros, Chapter 11, Mystic Roots, Opm, Big B, Saint Dog, and many more. He has a strong myspace and online following. www.myspace.com/ditch420 www.youtube.com/ditch420 In March 2007 Ditch signed on to record the already breakthrough cd Public Intoxication, which is almost complete (feb 2008) and due in stores soon. Ditch will tour Summer of 2008 to support the new cd.

Australia

Whilst it is technically illegal in most states and territories of Australia to be drunk and disorderly, most Australian police take a humane approach with regards to intoxicated persons (IP). This includes transporting the IP to his or her residence or temporary detention at a police station or other welfare establishment until the IP is sober.

Prosecution (charging) is generally only considered if the IP is violent or other offences have been committed.

England and Wales

In England and Wales, it is illegal to be manifestly drunk:

1. In a public bar or club
2. In private whilst in charge of a child under 7 years old
3. In charge of any car, bicycle or any other vehicle

Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public, and local authorities have the power to prohibit alcohol consumption in certain areas.

Typically the police will, depending on the circumstances, help the intoxicated person on their way or place the person in jail until sober, and then take the person to court who may issue a fine. Punishment may be more severe if other illegal acts, such as assault or drunk driving, also occur (although these would constitute a separate offences).

This offence is sometimes known, in England and Wales, as 'drunk and incapable in a public place' or 'drunk and disorderly'.

United States

• Rapper Ditch (Ditch420) was arressted for Public Intoxication in 2007, long after he had named his new album Public Intoxication. He was jailed overnight for the infraction. When Ditch went to court for the charge, the Judge found no reason to fine Ditch and he was dismissed. Public Intoxication is a minor infraction and is usually not tried in the state of California.

Because Article One of the Constitution of the United States does not grant the United States Congress the power to control public intoxication under federal law, therefore under the Tenth Amendment it is one of the powers "reserved to the states, respectively, or to the people." Thus, public intoxication laws in the United States are entirely a product of state and local laws. As a result, laws in the United States regarding drunkenness vary widely from state to state.

1968 Constitutional challenge

In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that making a crime of public intoxication was neither cruel nor unusual.

State public intoxication laws today

• Indiana: In Indiana, public intoxication is a class B misdemeanor, punishable with up to 60 days in jail, and a 500 dollar fine. The assessment of public intoxication is at the discretion of the arresting officer, who has the option, in addition to the citation, of detaining the individual in jail, or transporting the individual to his or her home or to the home of a responsible caretaker. (See IC 7.1-5-1-3, 12-23-15).
• Iowa: the Code of Iowa states that "a person shall not be intoxicated or simulate intoxication in a public place". However this would not normally invite arrest unless the person had caused a nuisance or posed a danger to themselves or others.
• Kansas: Kansas's Liquor Control Act makes it a misdemeanor to be on public thoroughfares with a blood alcohol content level above 0.08%. Violation of this law can result in arrest, prosecution, fine, and possible jail time. Kansas has some of the strictest alcohol laws in the United States (see Alcohol laws of Kansas).
• Missouri has no state public intoxication law. Missouri's extremely permissive alcohol laws both protect people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibit local jurisdictions from enacting criminal public intoxication laws on their own.
• Nevada has no state public intoxication law. Nevada state law both protects people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibits local jurisdictions from enacting criminal public intoxication laws on their own.