Drunk in public?

June 3, 2005 | self / vanity

[The Other Harry]

Several of my recent threads / comments have related to a DUI arrest I recently had. I will not defend that.

One of the more interesting subjects which came up when I was in jail was whether you can be arrested for "drunk in public" when you are on your own property.

My position is that this should not be possible. I like to sit out on my front porch, have a drink or three, and study my shubbery. I am not driving or doing anything else which I consider to be wrong.

The overwhelming consensus among my cell-mates is that you can be arrested for doing that. "They" will arrest you anytime they want for anything they want. You will also be convicted.

Opinions?

[Tijeras_Slim]

Not everyone has Shane's panache.

[R. Scott]

It is my understanding that if you are in plain view outside – even if within your own yard or porch – you are “in public’ and subject to laws proscribing public drinking or drunkenness. The same would apply to laws against public nudity. If you are in plain view while setting on your porch – but you are nude – you are subject to arrest in jurisdictions with laws against public nudity.

[exile]

"I also sit out my *back* porch naked sometimes. None of their business."

I know you don't want a lecture, so I won't give you one. I quit drinking 7 years ago and it was one of the best things I ever did.

But, sitting outside naked?!!! WTF! That's just creepy.

[Dinsdale]

My understanding is a cop can arrest you for public drunkeness if they detect any booze in your system.

Of course you won't be convicted of anything unless you were truely 'faced. Even then they should just let you sleep it off unless you give them trouble.

Cops have lots of discretion. They can arrest you in a bar if you have been drinking at all. They just don't, why would they.

The only public drunkeness arrests I've even witnessed was when someone was a danger to themselves (passed out covered in puke in the bed of their truck when the temp was heading for freezing, luckey he did'nt go for DUI) or causing all sorts of trouble.

For the record I 'marked' all four courners of my property the first night here. Two of the corners are on the yellow line of the street, it was at 3am so no arrests.

[Tax-chick]

I understand your situation. My husband and I are both Scout leaders, and you've always got to be so careful about 2-adults-with-the-kids ... although the only incident so far was with a single mom who got a little too friendly with Der Prinz at a campout. He said, "From now on, I'll make sure I've always got at least two BOYS with me at all times!"

8-9 year old girls (probably :-( aren't looking for trouble, but with older girls, you've got to be religious about witnesses ... they'll accuse you of groping them just for attention.

Harry's reasoning I am sure is different.

As a single, older man with a drinking problem, he's a media stereotype for predators (although not a realistic profile). Sadly, he probably couldn't even throw a ball for a child in the park without being investigated. Something like that happened to my cousin in Tulsa, a single man in his 50's, mentally unbalanced in some ways, but no sexual interest in kids. He was just being nice.

[Jersey Republican Biker Chick]

It depends on the laws where you live. Some places it is an arrestable offense. But, the cops usually don't enforce it unless there are neighborhood complaints and such.

[Fierce Allegiance]

neighborhood complaints and such.

But you are used to the complaint, I bet. :)

[Fierce Allegiance]

He was just being nice.

That'll screw ya every time.

[Jersey Republican Biker Chick]

"But you are used to the complaint, I bet. :) "

NO, I have an in-ground pool and a hot tub on the back deck. So I drink there. Neighbors see nothing I do not want them to.

[discostu]

I suppose it all depends on what you're doing on your own property. You can do stuff on your own property that creates a public nuisance, this is especially true if you have a balcony that overlooks a crowded street. Private property can be a public place for many legal definitions depending on the lay out of the property and the actions being done on it.

[#1CTYankee]

What's that line of his? tater........

[najida]

Reason to have a big yard and a high hedge.
(And live 10 miles from nowhere)

[bmwcyle]

Salad

[Jersey Republican Biker Chick]

Amen!

[#1CTYankee]

Thanks! (That guy is a riot)

[najida]

(Not meaning to hijack the thread)...but his airplane story is probably the funniest bit I've ever heard.

[Fierce Allegiance]

Sounds like my back yard, pool, hottub, etc. I have a walkout basement, with a bar, too. I have the surround sound set up with speaker that go outside so I can listen to the race like it were live.

My winter project is to add a bathroom in the cellar, but it requires cutting up the concrete floor and adding a pumpup system. It will probably take both days of a weekned to finish.

[Jersey Republican Biker Chick]

I want a bathroom out back on the deck so I do not have so far to run when I have to go.

[Tax-chick]

I want an outhouse, because even with 3 toilets, we're always having Crises. "You know you have a large family when there's a line for the bathroom ... at midnight!"

[#1CTYankee]

"(Not meaning to hijack the thread)...but his airplane story is probably the funniest bit I've ever heard."

I haven't seen all of his stuff, I just happened to run across it while surfing the channels.
He is a real piece of work though, I suspect that is booze in his glass and not just a prop. ;-)