How Can I Fight a Public Intoxication Charge in Tennessee?

 Posted on September 03, 2025 in Criminal Defense

Sometimes, a social outing with a couple of drinks can escalate into an incident with the police, resulting in public intoxication charges. If you are convicted of this offense, you will be left with a criminal record that will follow you long after the incident. To protect yourself from the worst of a public intoxication charge, you should seek out a qualified Knox County, TN criminal defense lawyer.

Across his career, Attorney Coller has handled many cases involving drugs and alcohol, including disorderly conduct and public intoxication charges. When you work with our firm, we will closely scrutinize the prosecution’s argument and look for ways to get the charges against you reduced or even dismissed altogether.

Three Defenses Against a Public Intoxication Charge in Tennessee

Public intoxication is not a catch-all term to describe anyone acting rowdy and drunk in public. Rather, it has a specific legal definition with criteria that must be met for a conviction. Our attorney can go over your case to see if your conduct aligns with the legal definition of public intoxication in Tennessee.

No Danger to People or Property

One of the reasons you may be charged with public intoxication is if you are accused of putting yourself, other people, or property in danger (Tenn. Code Ann. § 39-17-310). Sometimes, people get belligerent and aggressive while under the influence of alcohol or drugs, which could warrant a public intoxication charge.

That being said, the statute does not clearly define what counts as "endangering" other people or property. If you believe that you were fully in control of your actions, you could argue that there was no risk for anyone involved. Statements from witnesses could support your account and bolster your defense.

No Actual Intoxication

One of the most important elements of a public intoxication charge is proving that you were under the influence of a controlled substance. If the prosecution cannot definitively prove that you were drunk or high, the case against you could be called into question.

Sometimes, medical conditions can be mistaken for evidence of impairment, which may give rise to a public intoxication charge. We will review the events leading up to your arrest to determine whether or not you were actually under the influence. Attorney Jeffrey Coller has a Certificate of Completion in a Drug Recognition Expert Course, giving him deep insights into identifying drug-induced impairment.

Lack of Public Disruption

As the name implies, public intoxication does not apply to incidents on private property. As such, establishing where you were at the time of your arrest may be very important for your case. 

Keep in mind that you can also be charged with public intoxication for "unreasonably annoying" people in your vicinity while under the influence of a controlled substance. However, what counts as annoying conduct may be subject to interpretation. If you were keeping to yourself and not causing a scene, you may be able to contest the prosecution’s case.

Contact a Knox County, TN Public Intoxication Defense Attorney

If you are facing charges of public intoxication, be sure to seek representation from a qualified Blount County, TN criminal defense lawyer. Jeffrey Coller, Knoxville Criminal Defense Attorney, is available for free consultations at 865-281-1000.