How Long Do They Hold You for Public Intoxication in Tennessee?
The answer to “How long do they hold you for public intoxication in Tennessee?” will significantly differ based on the specific circumstances of each case. Under Tennessee law, the police are legally required to take into protective custody intoxicated people who are not violating the law instead of arresting them. They must also take them to a judicial officer as soon as possible. The officer is responsible for placing the intoxicated individual in a state-approved treatment facility if all of the following apply to the situation:
- The officer determines the intoxicated individual requires treatment.
- The intoxicated individual consents to treatment.
- The county where the intoxicated individual was found has a state-approved facility.
On the other hand, if the officer determines the intoxicated individual does not require treatment or the individual does not consent to enter the facility, the police must release them. If the individual goes to treatment and the facility administrator and the doctor find them adequately rehabilitated, they must be released promptly.
It is, however, crucial to note that treatment in lieu of an arrest is only an option in counties where state-approved facilities exist. Otherwise, if the intoxicated individual in custody doesn’t want to be treated, they may be charged with public intoxication.
If you are facing a charge of public intoxication, you can explore and better understand your legal options moving forward by seeking advice from a seasoned Tennessee public intoxication attorney right away.
What to Know About Public Intoxication in Tennessee
You may be charged with public intoxication if you go out in a public location while intoxicated with drugs, alcohol, or both, and:
- The police find that you are a danger to yourself.
- You are being unreasonably annoying to others around you.
- The police determine you are a danger to other people or property.
As a Class C misdemeanor, the potential penalties for a public intoxication conviction are a fine not exceeding $50 and jail time of up to 30 days. If the county where you were held for public intoxication has a treatment facility, the police must offer you the treatment option. But keep in mind that the treatment option will only be available to you if you do not have a criminal record, meaning that you have not been charged with or arrested for any criminal offense.
In addition, if you have three or more previous public intoxication convictions within two years before your current incident, your charge may be bumped up to a Class B misdemeanor. This carries more serious penalties, such as a fine not exceeding $500 and jail time of up to six months.
Get Legal Help From Our Seasoned Tennessee Public Intoxication Attorneys Now
While a public intoxication charge may seem minor, it can lead to jail time, hefty fines, and a criminal record, so you need to act fast and work on your case immediately. At Raybin & Weissman, our Tennessee public intoxication attorneys will assess the facts of your situation, safeguard your constitutional rights, and formulate a defense strategy specific to your situation. Call our office at 615-256-6666 or contact us online for your free case evaluation with our Tennessee public intoxication attorneys.