PUBLIC INTOXICATION

(Redirected from Drunk and disorderly)
'Public intoxication', also known as "drunk and disorderly conduct" (sometimes, incorrectly, as "drunken disorderly"), is a summary offence in many countries.
The laws regarding drunkenness vary wildly from one legislative body to the next and are open to a certain amount of interpretation dependent upon circumstance. For example, the Code of Iowa states that "a person shall not be intoxicated or simulate intoxication in a public place". The Code of Iowa However this would not normally invite arrest unless the person had caused a nuisance or posed a danger to themselves or others.
In the U.K. (England and Wales) it is illegal to be manifestly drunk
# In a public bar or club
# In private whilst in charge of a child under 7 years old
# In charge of any car, bicycle or any other vehicleHave we been drinking sir? Mary Webber and Jackie May - Advicenow
Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public, and local authorities have the power to prohibit alcohol consumption in certain areas.
Typically, the police will simply place an intoxicated person in jail until sober, and then issue a fine. Punishment may be more severe if other illegal acts, such as assault or drunk driving, also occur (although these would constitute a separate offences).
This offense is sometimes known, in England and Wales as "drunk and incapable in a public place" or "drunk and disorderly."

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Constitutional challenge in the United States

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Constitutional challenge in the United States

In 1968, the Texas law against public intoxication was challenged in the United States Supreme Court for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The case was ''Powell v. Texas''. The court upheld the law, ruling that making a crime of public intoxication was not cruel or unusual.

References