Being drunk in public is part of a slew of offences that police can charge you with – public drunkenness and all things related. This is set out in the Summary Offences Act 1966, and also covers riding a bicycle while drunk.

Police can deem you to be drunk if you are acting drunk – slurring your words, exhibiting poor co-ordination, balance or behaviour, if they think you have been drinking. If you have found yourself in a pickle regarding your behaviour in a public place, you can defend yourself and should contact Vanessa Ash for expert legal advice. Your first chat is free.

     Offence A – Being drunk in a public place
You can be arrested if the police think you are drunk in a public place, and take you into police custody. They can also do this if it seems to be for your own safety, what is dubbed the drunk tank. This can include found riding a bicycle drunk.

     Offence B – Being drunk and disorderly in a public place
Behaving in a ‘disorderly’ fashion is behaving in a way that disturbs the peace or makes other people uncomfortable. If police believe your behaviour is intentionally disruptive, they can arrest you, even if nobody is actually disturbed by you.

     Offence C – Being drunk and behaving in a riotous or disorderly manner
‘Riotous’ behaviour is considered to be any behaviour that frightens a member of the public, and causes them to fear a ‘breach of the peace’. Police can charge you with being disorderly too (a less serious offence than riotous), with the only real difference being a degree of severity.

     What police can do to you
You can be banned from an area for 24 hours if police think you have committed an offence of some kind. This could include being violent or disorderly, sexually offending, destroying property, or carrying a banned weapon near a licenced venue (a bar).

If you are found guilty, the court can order you remain at a distance to this place for up to a year. What this means in real terms is getting banned from a bar, restaurant or nightclub.

     Barring orders
If you are at a licenced venue, and are drunk, violent or arguing, or someone believes you are at risk of harming someone, you can be issued with a barring order. The order can be issued by the police, an employee, or a licence or permit holder at the venue. This means staff can bar you, not just the police.

This barring order means you can’t go closer than 20 metres from the barred place. If you breach the order, you can be fined.

     On-the-spot fines
If you are swearing, being offensive, drinking or supplying liquor to an unlicenced premises, or don’t leave when requested, you can get a fine on the spot.

     If you are arrested for public drunkenness
Once arrested, you will be taken to the nearest police station and put into custody. That usually only lasts until you are sober enough to stop being a jerk, which is most often about four hours. Police are required to check on you to ensure you are safe, and provide you with medical help if necessary.

     If you are under 18 at the time
Someone must be with you when you are questioned (a parent, guardian or another adult), and there are certain laws concerning being searched, body examination, and body samples, photographs, and fingerprinting. 

If you have health issues or are Indigenous, rules apply. Know your rights. Vanessa Ash can provide expert legal advice no matter what your circumstances.

     A sobering-up centre
These centres are provided so police can drop you off into the custody of the centre, and you will not be charged with an offence. It is simply a safe place to sober up, and help can be sought for those needing alcohol-related treatment and support, including referrals.

Police still get to decide if they charge you or not – you might be cautioned.

     Getting out on bail
Generally, these types of offences result in easily-obtained bail, unless combined with more serious offences.

     The court hearing
The court hearing allows you to tell your side of the story to the Magistrate. If you don’t attend, the matter will be heard anyway, and the judge will make a decision without you there. This is an ex parte hearing. Police evidence will be the only thing they hear about, so it can pay to get legal advice on your case, and to show up in court anyway to tell your story.

     Convictions
Convictions for these types of charges are unlikely – a fine or other penalty is more likely. A night in jail is usually punishment enough for these minor offences. If you are convicted, it will show up on your criminal record. 

     Diversion programs
Some people can avoid a criminal record by being put into a diversion program, sometimes an option for first-timers.

     Penalties for public drunkenness

• No more than eight penalty units for being drunk in a public place
• Drunk and disorderly offences – first offence carries a maximum of 20 penalty units or three days prison, and a second or subsequent offence carries 20 penalty units or a month in prison
• Drunk and riotous or disorderly carries a maximum of 10 penalty units or two months in prison

If you are facing complex drunkenness charges, getting sound legal help from Vanessa Ash to defend yourself is a good idea – don’t let the police be the only ones telling the story in court without you.

Write your own story. Call Vanessa Ash and Associates today.