Can you be charged for public intoxication if you are in a car not driving when you get pulled over?

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Can you be charged for public intoxication if you are in a car not driving when you get pulled over?

Asked on November 27, 2012 under Criminal Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you mean if you are the passenger of a motor vehicle and you are the one who is intoxicated, this Class C midemeanor seems pretty easy to violate. You must be publicly intoxicated and being in a car on a public street can be part of this.  If you may be endangered or possibly endangering someone else, or unreasonably annoying people in the vicinity, then you can be charged with public drunkeness. So for your particular question, you need to review the police report and any details therein about your actions.


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