The direct answer is no, Arizona is one of the few states that does not have a specific statute criminalizing public intoxication alone. Simply being drunk in a public place is not, by itself, a crime. However, this does not give anyone a free pass. Intoxicated behavior frequently crosses the line into other serious criminal charges, most notably disorderly conduct or assault. Understanding this critical distinction is vital, as the consequences can be severe. If you find yourself facing charges stemming from an incident where intoxication was a factor, consulting with an experienced Flagstaff assault and battery defense lawyer is a crucial first step.
The legal team at Griffen & Stevens Law Firm, PLLC, regularly defends clients in Northern Arizona who are surprised to find themselves arrested after a night out, not for public drunkenness, but for related offenses. This area of law is nuanced, and the prosecuting attorney will aggressively argue that your impaired state led to criminal behavior. Having a skilled defense attorney who understands how to navigate these charges is essential to protecting your rights and future.
How Intoxicated Behavior Becomes a Crime in Arizona
While you cannot be arrested solely for being drunk, your actions while intoxicated can quickly trigger arrests under other statutes. Law enforcement officers are trained to observe behavior that meets the elements of existing crimes. The most common charges that arise from public intoxication are disorderly conduct and various assault offenses.
Disorderly Conduct
This is the charge most closely aligned with what other states might call “public intoxication.” Arizona’s disorderly conduct statute (ARS 13-2904) is broad and can encompass a wide range of disruptive behaviors. The law prohibits conduct with the intent to disturb the peace or quiet of a neighborhood or person, or with knowledge of doing so. When intoxication leads to loud, reckless, threatening, or physically disruptive behavior, it easily fits this definition.
Assault and Related Offenses
This is where situations become far more serious. Intoxication can lower inhibitions and lead to poor judgment, resulting in physical altercations or threats. Arizona assault charges (under ARS 13-1203 and 13-1204) do not require significant injury; even the slightest physical contact or the reasonable threat of imminent physical injury can constitute assault. If an intoxicated person is involved in a fight, makes threats that put another in fear of injury, or even engages in reckless behavior that could cause harm, they can face assault charges. This immediate escalation in severity underscores why having a knowledgeable Flagstaff assault and battery defense lawyer is so important from the outset.
Other potential charges linked to intoxicated behavior include:
- Criminal trespass
- Resisting arrest
- Endangerment
- Criminal damage
What To Do If You’re Arrested for an Intoxication-Related Offense
Being arrested is a stressful and confusing experience, especially when you may not feel your judgment was fully clear. Your actions in the immediate aftermath can significantly impact your case. The defense lawyers at Griffen & Stevens recommend keeping these steps in mind.
- Remain calm and polite. Arguing, cursing, or physically resisting an officer will only add charges to your case, such as resisting arrest or assault on an officer. Do not attempt to explain your side of the story at this moment; anything you say will be used against you.
- Invoke your right to remain silent. Clearly and calmly state, “I am choosing to remain silent and I want to speak to an attorney.” This is your constitutional right under the Fifth Amendment. Once you have invoked this right, questioning should cease.
- Do not consent to any searches. You have a Fourth Amendment right against unreasonable searches. Unless the officer has a warrant or probable cause, you are not required to consent to a search of your person, vehicle, or belongings. Simply state, “I do not consent to any searches.”
- Request an attorney immediately. This is the most important step. Tell the officer you wish to speak with a lawyer. Once you make this request, they should stop questioning you until your attorney is present.
- Comply with basic procedures. You must provide your name and basic identifying information. You should also submit to being fingerprinted and photographed. Physically resisting these booking procedures leads to additional problems.
- Contact a defense attorney as soon as possible. Use your phone call to contact a trusted family member who can reach out to a law firm, or call Griffen & Stevens directly if you have the number. The sooner an experienced Flagstaff assault and battery defense lawyer from our team is involved, the sooner they can begin protecting your rights and building your defense.
Critical Mistakes to Avoid After an Arrest
In the disorienting wake of an arrest, people often make well-intentioned errors that severely damage their legal position. Our attorneys have seen these common pitfalls undermine otherwise defensible cases.
- Discussing the case with anyone except your attorney. Do not talk about the details of your arrest with cellmates, friends, or family. These conversations are not protected by attorney-client privilege and could be overheard or the people could be subpoenaed to testify.
- Posting about the incident on social media. Anything you post online—photos, check-ins, comments about your night, or even vague venting—can be discovered by prosecutors and used as evidence of your state of mind or actions.
- Assuming the charges will just go away. Disorderly conduct and assault charges are prosecuted. Hoping the officer won’t show up or the prosecutor will drop it is a dangerous gamble that can lead to convictions, fines, and jail time.
- Pleading guilty at the first opportunity. An initial court appearance is an arraignment, not a trial. You should never plead guilty without first having an attorney review all the evidence, identify weaknesses in the prosecution’s case, and explore all your options, which may include dismissal or a favorable plea agreement.
Failing to document everything you remember. As soon as you are able, write down your own detailed account of the events: times, locations, what you saw, heard, and said, and the names of any potential witnesses. Memories fade quickly, and this contemporaneous record can be invaluable for your Flagstaff assault and battery defense lawyer.
Why You Need an Experienced Defense Attorney
Facing disorderly conduct or assault charges is not a matter for a do-it-yourself approach or a generic legal advisor. These charges can carry penalties including jail time, substantial fines, probation, mandatory anger management classes, and a permanent criminal record that affects employment, housing, and professional licenses. The attorneys at Griffen & Stevens Law Firm provide focused advocacy in several key areas.
- Case analysis and evidence review. They will obtain all police reports, witness statements, and body-worn or surveillance camera footage to scrutinize the prosecution’s evidence for weaknesses, procedural errors, or violations of your rights.
- Challenging the “intent” element. For disorderly conduct, the prosecution must prove you intended to disturb the peace. An attorney can argue that intoxicated behavior, while regrettable, was not done with the specific criminal intent required by law.
- Negotiating with prosecutors. Often, an experienced lawyer can negotiate with the prosecutor to have charges reduced or dismissed, perhaps to a civil violation or a diversion program that avoids a criminal conviction altogether.
- Trial preparation and representation. If a fair plea agreement cannot be reached, your attorney will be fully prepared to advocate for you at trial, cross-examining witnesses and presenting a strong defense to the judge or jury.
- Managing collateral consequences. A skilled Flagstaff assault and battery defense lawyer understands that the case doesn’t end with the court date. They will advise you on how a potential outcome might affect other areas of your life and work to mitigate those impacts.
The distinction between legal intoxication and illegal behavior in Arizona is a fine line that is easily crossed. While the state may not charge you for the condition of being drunk, it will swiftly act on the criminal acts that may accompany it.
If you or someone you know is facing charges like disorderly conduct or assault following an incident involving alcohol, the strategic guidance of a dedicated defense team is indispensable. The lawyers at Griffen & Stevens Law Firm, PLLC, are committed to providing a vigorous defense, ensuring your rights are protected, and seeking the best possible resolution for your unique situation.