Public intoxication is not a crime. The Commonwealth of Massachusetts no longer treats adults who appear intoxicated in public as possible criminals requiring an arrest, as long as you interact responsibly with those trying to assist them.
Instead, the state tries to help such people find a safe place to obtain treatment or where they can remain protected from added difficulties. Assuming you are of legal drinking age, and not thought to be a public menace, you shouldn’t face criminal charges in most cases.
What to Expect if Stopped for Suspected Public Intoxication
You may be asked to submit to a breathalyzer test to confirm that you’re intoxicated. (This state’s specific statutory breathalyzer test standards for determining public intoxication are set forth in Massachusetts General Laws under Title 16 on Public Health, Chapter 111B, Section 8.)
Based on the results of your test, one of two things will follow:
- You’ll Be Granted Complete Freedom. Your test result will indicate that you scored below the number indicating that you require further police assistance. You can then leave police custody and go home or wherever else you like;
- You’ll Be Detained for No More Than 12 Hours. This will happen if your breathalyzer test results show that you are definitely over the test score indicating that you are intoxicated OR your test results indicated further speech or coordination tests were required to determine your sobriety — and you failed those tests.
What Happens While Under Protective Custody for Alcohol in Massachusetts
While detained, you’ll either be transported to a nearby treatment center or asked to remain in protective custody at the police department. No charges will be filed against you and you will not be considered “under arrest” – unless you use physical force against the officers trying to help you. You will be allowed to place one phone call during this time period.
As a precaution, the police officers assisting you are allowed to search you and the area surrounding where you were stopped for everyone’s safety. Any weapons you may have will be taken from you.
Finally, if you are held in protective custody at a police station, “all articles which may pose a danger to . . . [you or others] will be taken away . . . from [you] for safekeeping.” They will be inventoried and returned to you upon your release (unless you were in possession of an item that requires further police investigation – such as a concealed firearm.)
Criminal Alcohol Charges
If you are a minor in possession of alcohol, you are still likely to receive a criminal citation or be arrested.
If you are disorderly in a way that is considered a crime or a public danger or nuisance, you can be arrested for disorderly conduct.
And, of course, getting behind the wheel while drunk is a serious crime.
But other than those circumstances, for the most part, police are not supposed to charge you with a crime merely for being drunk in public.
But it doesn’t always play out that way, and police officers get things wrong. If you find yourself facing a criminal charge in Massachusetts, please call our offices for help. We can help you negotiate to avoid a criminal record in many cases.
If you’ve been arrested or accused of committing any serious crime, you can contact the Law Offices of Massachusetts criminal defense attorney Russell J. Matson — 24 hours a day — to obtain the criminal defense representation you need.
