Tulsa is subject to Oklahoma’s alcohol laws, which are some of the toughest in the United States.
Public Intoxication in Oklahoma
The state’s public intoxication statute covers not only alcohol, but any other substance that may cause impairment, including inhalants such as glue or paint. The statute provides that any person who is “drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering. . .” is guilty of a misdemeanor. Okla. Stat. tit. 37 § 8.
While classified as a misdemeanor, a relatively minor offense, public intoxication in Oklahoma still carries stiff consequences. If convicted, it is possible to receive a fine, jail time, or a combination of both. Fines for public intoxication range from $10 to $100. A jail sentence could be any time between five and thirty days. While these punishments seem small, the outside impact could still be significant. Serving time in jail can easily interrupt work, even costing someone their job.
Oklahoma law does provide some protections against drunk in public charges for persons who are intoxicated but assist another intoxicated person to receive medical attention. Okla. Stat. tit. 37 § 8a says a police officer may not take a person into custody if the officer believes the person remained at a scene with someone who appeared to be in need of medical assistance due to alcohol consumption
Public Intoxication in Tulsa
City of Tulsa ordinances provide Tulsa police an alternate way of charging public intoxication. Those charged under city ordinances with public intoxication in Tulsa will be ordered to appear in municipal court. Municipal charges are more easily removed from a criminal record.
State law and city ordinances do not specifically define what comprises drunkenness or intoxication. However, Tulsa ordinances say any person who is drunk or intoxicated and disturbs the peace of another shall be guilty of an offense. Tulsa Ord. tit. 27 § 700
A Ride Home?
Police enjoy considerable discretion in how the handle a person who appears to be intoxicated. They may charge the person, determine the person was drunk but stayed behind to help another intoxicated person get medical help, or even give the person a ride.
Police can give a drunken person a ride home, to a treatment facility or into protective custody. In Tulsa, as in most locations, protective custody usually means the local jail. Okla. Stat. tit. 43A § 3-428
Initial Consultation: Tulsa Criminal Defense Attorney
Do not take a charge for public intoxication in Oklahoma for granted. If you are facing this charge, you should talk to a Tulsa criminal defense attorney. Contact the Seventh Street Tulsa Law Office at (918) 932-2777 for a confidential and low-cost consultation.