McCoy Law Firm | Alcohol / Drinking

Alcohol / Drinking

Alcohol is a definitely a part of American society. While there is nothing wrong with having a few drinks, there is a fine line between enjoying a beverage and creating a potentially dangerous situation. When that line is crossed, individuals can face a number of different Oklahoma alcohol offenses.

Public Intoxication

Law enforcement officers may arrest individuals where they have probable cause to believe a person is so drunk in public that he or she is a threat to health and safety. However, it is important to note that public intoxication and drinking in public are not the same charges. And although drinking in public (i.e., not in a public establishment where alcohol is permitted) is almost always outlawed or at least looked at negatively in Oklahoma, laws are not always clear about what that means. Furthermore, Oklahoma society has a tendency to be overly-sensitive toward any sort of drinking in public.

Drunk & Disorderly Behavior

Simply being drunk in public is not itself against the law, but causing a disturbance when you’re drunk is. Individuals charged with this activity face criminal liability for allegations of being "drunk in public." Moreover, many individuals having harmless fun find themselves charged with alcohol offenses, as the term "public" is usually defined to mean, a city street, sidewalk, restaurant, recreational area, and any other place open to the public. However, a violation of this act in itself will not always result in the arrest of the individual. In order to be convicted, the state must prove that the individual had surpassed the level of intoxication and is a public nuisance to themselves or others.

Open Containers

Open container laws are typically laws against public drinking. These laws exist because law enforcement views the presence of open containers to mean alcohol is currently being consumed. This can potentially add a significant hurdle for anyone facing allegations for an alcohol offense; though it may be easy for the prosecution to prove that an open container was present, it is not always true that the open container was being consumed. As such, prosecutors try to bootstrap the charges to cure the obvious gap in logic. Regardless, loopholes in certain laws allow for the public consumption of alcohol—such as during sporting events or on the campuses of various colleges.

Liquor sales

Under Oklahoma law, it is a felony to provide alcoholic beverages to the mentally deficient the intoxicated, and persons under 21 years of age. Alcoholic beverages also may not be sold where unclothed persons or persons with exposed private parts are present on the same premises. Conviction of this crime is a misdemeanor punishable by a fine of up to $500 for each offense.