Mullen, Schlough & Associates S.C. attorneys are leading River Falls and Chippewa Falls due to their lawyers efficient public intoxication practice.

Category: Alcohol Crimes
Section: Public Intoxication

Public Intoxication

Definition: Public Intoxication :
(a) A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.
(b) Public intoxication is a violation.

Laws and ordinances at the state and local levels, which vary by area, make public intoxication a crime. A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity. A person may commit the offense of public intoxication by being under the influence of alcohol or drugs. This may include prescription drugs, over-the-counter medications or even aerosol sprays. It is a defense to prosecution for public intoxication that the alcohol or drugs were administered for therapeutic purposes and as part of the person’s professional medical treatment by a licensed physician. The charge of public intoxication requires that the person be intoxicated to the degree that he/she is a danger to him/herself or another person. Being publicly intoxicated makes a person vulnerable to robbery, assault, and a number of other difficulties. The offense is usually a misdemeanor for which a person may be jailed for a short period of time or issued a citation and fine. A person arrested for public intoxication may need to post bail, given as security for their later court appearance,before being released from jail. Laws on public intoxication vary by jurisdiction. Some laws provide for the offender to be taken to an alcohol treatment center, medical facility, or their home, rather than jail. If the person is jailed, it is usually for a period after which they are no longer considered to be a harm to themselves and others (the time necessary for them to “sober up”). This period will vary by jurisdiction, degree of intoxication, and other factors.
Public intoxication is generally not defined by a blood alcohol content level, but rather by the harmful or disruptive behavior of a person who is intoxicated. This is distinguished from state laws which govern driving while intoxicated (DUI/DWI). Such state DUI/DWI laws define a blood alcohol content level necessary to prove legal intoxication. The setting of a legal definition of intoxication through blood alcohol content arises out of due process concerns because of the seriousness of the penalties which may apply. A state’s legal intoxication standard also affects eligibility for certain federal funding. The following is an example of a local ordinance dealing with public intoxication:

Topic Expanded: Public Intoxication

The public intoxication defense lawyers at Mullen, Schlough & Associates S.C. excel in representing clients in all aspects of public intoxication cases. Public intoxication is a serious charge that can have severe consequences. Mullen, Schlough & Associates S.C.’s public intoxication lawyers have extensive experience defending clients from public intoxication allegations and are committed to providing an aggressive defense on the clients behalf. In a public intoxication case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier public intoxication attorneys prove their success in settling cases out of court and preventing charges from ever being filed.

If charges of a public intoxication related crime have been filed or are in process, an experienced public intoxication defense team will be able to improve the outcome. Remember, it is easier to prevent a public intoxication charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.

Recommendation: Public Intoxication

It is extremely important to hire a criminal public intoxication attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. Mullen, Schlough & Associates S.C.’s public intoxication lawyers maintain an extremely high rate of success. Our determined focus is to:

  • Keep a felony or misdemeanor public intoxication allegation out of court
  • Use our knowledge base to settle strategically
  • Fight for the best outcome our client is facing

In some situations, it may be difficult for the prosecution to pursue or prove a public intoxication case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of public intoxication, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually was publicly intoxicated. If a public intoxication case goes to court, there is often no recovery of losses for the plaintiff because a judgment is ordered. The judgment can often include jail time, making recovery of losses very difficult. Settling out of court is the most beneficial option for both parties; the plaintiff has a better chance of recovering losses and the accused can avoid serving time in jail or prison.

Although the evidence may seem substantial, there are many options an attorney can use to challenge the public intoxication charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in public intoxication cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have public intoxication cases completely dismissed, or pursue a lower sentence for the client.

Don’t let a public intoxication charge jeopardize your future, contact us immediately to find out how an exceptional public intoxication attorney can help you.

We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.

So what will the attorneys at Mullen, Schlough & Associates do for me?

Whether you have a criminal case, drunk driving or some type of family law case like a divorce or custody matter, our attorneys have been handling these type and only these type cases for the better part of 14 years.  With that kind of experience comes “strategies and techniques” that we’ve found either work, work well or don’t work at all.

For example:

Telling the district attorney we’re going to take the case to a jury trial right from the start might get you a better offer from the start….and it might not.

Telling the district attorney we’re going to take your case to trial after we win an important motion or do some other “case altering event” will probably get you a better offer.

Telling the district attorney we’re going to take your case to a trial after receiving some damaging evidence motion hearing or losing an Important motion hearing WILL NOT get you a better offer.

OR

Telling the judge you’ve moved out with your kids one night without letting you wife know, moved in with your girlfriend and told your kids to start calling her Mom right in the middle of the school year while yanking your kids out of their school and enrolling them in a new school 200 miles away WILL NOT win a lot of bonus points with the vast majority of judges.

Reading these examples without living them seem pretty straight forward.  However, you as our clients will be living in the situation.  Most if not all our clients do what they do for a reason.

For example, I had a client that was enjoying a football game and the multitude of beer that went along with it.  During the 3rd quarter, he received a phone call, got in his car, drove 150 miles and got a DUI.  Seems straight forward and somewhat stupid right?  What if I told you his daughter was in a terrible car accident and on life support in the emergency room?  You probably won’t read about that in the drunk driving police report.

Though the district attorney didn’t have a lot of sympathy, a jury sure did.

THE POINT:  KNOWING WHAT TO DO WITH THE FACTS OF THE CASE WILL MAKE THE DIFFERENCE EVERY TIME.

What can you guys do for me that I can’t do myself?

We know what to do with the facts of your case.  Did you know that the police officer has to have his emergency lights off when he gives you the HGN {or also known as the “stare at the pen”) according to the National Highway Safety Manual?  If the cop didn’t, we can file a motion to have the field sobriety test thrown out. If the field sobriety test is thrown out, the entire case may be dismissed as well (whether you were drunk or not).

“Technicalities” like these are why we get cases dismissed before jury trials.  The district attorney is not going to help you find them.  The district attorney IS NOT going to point out what a poor job the cops did unless he has to.

Why is our firm better than the other ones?

Most trial attorneys know or have some idea what do with the facts of a case and “technicalities” as I’ve previously mentioned.  Some attorneys are, of course, better than others.

But why us?

  • We don’t believe in paralegals and staff. Therefore, when you call your attorney, you will speak directly to your attorney.
  • When a motion is filed, your attorney researched and filed it. Your attorney is going to argue it so they should know it inside and out.  That’s what you are paying for.
  • When your ex or soon to be ex does something, your attorney needs to know, not some secretary. The secretary is not going to argue the case in court, the attorney is.
  • If you have any billing or legal service statement issues, Attorney Mark Mullen, President and founding member of the firm answers the phone….always. He does the books, issues the checks and makes the financial calls on your case. If you call the main number, it will be him you talk to, period.
  • We encourage payment plans. Most of our clients are not rich and therefore cannot put down the entire amount of the retainer at the time of hiring.

What kind of money am I going to have upfront to hire you guys?

If you have a job or a credit card, we ask for half of the quoted retainer.   When you’re serious and ready to proceed with your case, putting SOME money down lets us know you’re serious.  When your serious and ready to go, so we.