Fort Wayne Public Intoxication Defense Lawyer

Believe it or not, a night out can end in handcuffs faster than most people expect. Sometimes walking home from a bar downtown or even arguing with a friend in a parking lot can escalate into a court date if an officer decides you’ve had too much to drink. It’s natural to have lots of questions in cases such as this.

Many people assume that being drunk in public is enough for a conviction in Indiana, but that’s simply not true. Since the law was changed in 2012, Indiana’s public intoxication statute has required more than intoxication in a public place, with the State being forced to also prove that you endangered your own life or someone else’s, breached the peace (or were about to), or harassed, annoyed, or alarmed another person. That extra requirement is often where a defense begins.

Public intoxication is a misdemeanor, but a conviction still leaves a criminal record that can show up on background checks for jobs and housing, so treating the charge seriously from the start gives you the best chance at a good result. 

About The Bellinger Law Office

The Bellinger Law Office has served the Fort Wayne community since 2006. Attorney Robert H. Bellinger grew up in eastern Whitley County, earned his bachelor’s degree in Fort Wayne, and has been admitted to practice law in Indiana since 2006.

His practice is built around a simple idea: when you hire a lawyer, you should get to work with that lawyer, not a paralegal. Mr. Bellinger himself listens before he advises, explains each stage of your case as it comes, and gives you an honest read on your options. Because no two cases or clients are the same, he builds each defense around what actually happened to you.

Who We Serve

Public intoxication charges come from many kinds of situations, and Mr. Bellinger regularly helps people who are:

• Arrested or charged with public intoxication. They are facing a public intoxication charge and need help understanding the evidence, the possible penalties, and their defense options. In Indiana, public intoxication is a Class B misdemeanor, which carries a sentence of up to 180 days in jail and a fine of up to $1,000 under IC 35-50-3-3. Importantly, those are maximums, not automatic sentences, so the actual result depends on the facts of your case and your history.

• Charged even though they were not endangering themselves or anyone else. They may have been intoxicated in public, but they believe they were not putting anyone in danger. That distinction carries real weight. In Holbert v. State, the Indiana Court of Appeals reversed a public intoxication conviction because the evidence did not show any of the conditions added in 2012. Simply being intoxicated in a public place without one of those conditions does not meet the statute.

• Accused of causing a disturbance or breaching the peace. Police may claim they were yelling, arguing, fighting, or otherwise creating a disturbance, and they dispute whether their conduct actually amounted to a breach of the peace. A raised voice or a heated conversation is not automatically a crime. Officers sometimes describe a scene in broad terms, and body camera footage or surveillance video can tell a different story. Mr. Bellinger looks closely at what these clients said and did and whether it actually fits the statute involving public intoxication.

• Accused of harassing, annoying, or alarming someone while intoxicated. The charge filed against these clients may rest on claims that their behavior bothered, frightened, or alarmed another person, and they dispute what happened or whether their conduct met that requirement. In Morgan v. State, the Indiana Supreme Court held that the word “annoys” must be judged by an objective, reasonable-person standard. It is not enough that one particular person felt irritated, so the question in this case is whether a reasonable person in that same situation would have felt annoyed, harassed, or alarmed.

• Disputing that they were actually intoxicated. Police may have relied on someone’s speech, balance, appearance, or behavior to conclude that they were intoxicated, and they want that evidence challenged. Those observations can be subjective. Fatigue, nerves, an injury, or a medical condition can produce some of the same signs officers associate with drinking or drug use, so when the State’s case rests mainly on an officer’s impressions, those impressions deserve careful scrutiny.

What to Expect When You Hire Mr. Bellinger

Every case is different, but most public intoxication defenses develop in a similar manner, so here is what working with The Bellinger Law Office generally looks like:

• Talking through what happened. Your first meeting is a conversation with Mr. Bellinger about the arrest, your background, and what happened, so bring any paperwork you received, such as your charging documents or court notice.
• Reviewing the evidence. He gathers the police report and probable cause affidavit, along with any available video, and then he compares the officer’s version of events with yours and with what any witnesses saw.
• Testing each element of the charge. To convict you, the State must prove every part of the offense beyond a reasonable doubt, which includes showing that you were in a public place, that you were intoxicated by alcohol or a controlled substance, and that one of the statute’s added conditions applied. A gap in any one of those elements can alter the outcome.
• Checking for legal protections. Indiana’s Lifeline Law, found in IC 7.1-5-1-6.5, protects some people from public intoxication charges. That includes people who called for medical help for someone who needed it and stayed to cooperate and anyone who reported a crime they witnessed. If a protection like this fits your situation, Mr. Bellinger raises it.
• Working toward a resolution. Depending on the evidence, he may push for a dismissal or negotiate with the prosecutor. However, if the State refuses to be fair, he is prepared to take your case to trial.
• Planning for your future. A public intoxication conviction does not have to follow you forever. Indiana law allows many people to petition to expunge a misdemeanor conviction after a waiting period, which is generally five years from the date of conviction under IC 35-38-9-2.

Why Choose Us?

You have choices when hiring a criminal defense lawyer in Fort Wayne, so here is what clients can expect from The Bellinger Law Office:

• You work directly with attorney Robert H. Bellinger from start to finish, not a paralegal or case manager.
• The firm has represented clients in Fort Wayne since 2006.
• Your defense is built around your facts because no two cases are the same.
• Mr. Bellinger prepares every case as if it may go to trial and is ready to argue it in court when that is the right call.
• He listens more than he talks and gives you honest feedback, even when it is not what you hoped to hear.
• If a criminal charge spills into another part of your life, such as a custody case, his family law practice means you do not have to start over with a new lawyer.

Talk to a Fort Wayne Public Intoxication Lawyer

A public intoxication charge can feel minor until you think about what a criminal record could mean for your job or your housing situation. Indiana’s law sets clear requirements, and the State has to prove each one. Mr. Bellinger will review the evidence, explain where the case stands, and help you choose the best way to respond.

Schedule a consultation with The Bellinger Law Office today.

Frequently Asked Questions