Here's a little more:
Responsible Motorist Declines to Drive Drunk, Gets Charged With a Crime Anyway
Here even more (if accurate):
“The defendant here, however, suffered no impingement of any alleged constitutional right to select which beverages to consume. She was subject to the public intoxication statute because of her conduct after consumption, not due to her beverage selection.”
http://www.theindychannel.com/news/28425838/detail.html