Is Public Intoxication a Misdemeanor in Tennessee?

 Posted on February 24, 2026 in Criminal Defense

Public intoxication is a misdemeanor in Tennessee. It is classified as a Class C misdemeanor, which means it is a criminal charge that can carry penalties such as fines and, in some cases, jail time. Even though it is considered a lower-level offense, it can still create stress and uncertainty, especially when it comes to your job, housing, and future opportunities.

Public intoxication arrests are especially common in busy areas like Gatlinburg, Pigeon Forge, and Sevierville, where tourism and nightlife increase police presence. If you were charged in 2026, our Sevier County, TN criminal defense lawyer can help you understand your rights and what steps to take next.

What Is Considered Public Intoxication Under Tennessee Law?

Public intoxication is defined under Tennessee Code Annotated § 39-17-310. You can be charged if you are in a public place and an officer believes alcohol or drugs affected you in a way that creates a safety concern. Many people do not expect this to happen, and it can be upsetting to face a criminal charge.

The law focuses on how you appear and whether your condition could put you or others at risk. This may include situations where someone seems unsteady, confused, or unable to safely take care of themselves. It does not mean you intended to cause a problem. However, officers may still issue a citation based on what they observe.

Public places include streets, sidewalks, parking lots, parks, and businesses open to the public. This can include everyday places like standing outside a restaurant, waiting for a ride, or walking back to your hotel.

What Are the Penalties for Public Intoxication in Tennessee?

A public intoxication conviction may result in criminal penalties and long-term effects on your record.

Possible penalties include:

• Up to 30 days in jail
• A fine of up to $50, plus court costs
• A permanent misdemeanor conviction on your criminal record

Courts in Sevier County understand that every situation is different. They often look at the full circumstances, including your background and what happened, before deciding how to handle the case.

Can Police Arrest You for Public Intoxication Without Driving?

You do not have to be driving to be charged with public intoxication. This offense is separate from driving under the influence (DUI). Many public intoxication arrests involve people who were walking, standing, or sitting in public areas.

However, police must have probable cause to believe your condition meets the legal definition. This means they must observe behavior showing impairment and risk. Simply having alcohol in your system is not enough. Officers must believe your condition created a danger to yourself, others, or public order.

What Evidence Do Police Use To Support a Public Intoxication Charge?

Police rely on observations and documentation to support public intoxication charges. These details help prosecutors decide whether to pursue the case.

Common evidence may include:

• Officer observations of slurred speech, unsteady movement, or confusion
• Witness statements describing your behavior
• Police body camera footage or surveillance video

If the evidence is weak or incomplete, your attorney may be able to challenge the charge.

What Defenses Are Available Against Public Intoxication Charges in Tennessee?

Being charged does not automatically mean you will be convicted. Several defenses may apply depending on the facts of your case.

Possible defenses include:

• You were not actually intoxicated.
• Your behavior did not create a danger or disturbance.
• You were not in a public place when the arrest occurred.

An attorney may also examine whether the police had probable cause or followed proper procedures. If your rights were violated or the evidence is unreliable, the charge may be reduced or dismissed.

How Can a Criminal Defense Lawyer Help With a Public Intoxication Charge?

Even a misdemeanor charge can have lasting consequences. A criminal defense lawyer can review the facts, explain the law, and help you understand your options. Legal representation may help you avoid a conviction or reduce the penalties you face.

An attorney can also communicate with prosecutors, represent you in court, and help protect your criminal record. Taking action early can give you more options.

Schedule a Free Consultation With Our Sevierville, TN Public Intoxication Defense Attorney

If you were charged with public intoxication, we can help. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we provide strong legal representation and help clients understand their rights. With over 10 years of experience, we understand how Tennessee courts handle misdemeanor charges and how to defend against them effectively.

Call 865-281-1000 to schedule a free consultation with our Sevier County, TN criminal defense lawyer and learn how to protect your rights while facing the allegations.