Alcohol Related Offenses
Lake Tahoe loves to party and that is why The Law Office of Adam T. Spicer is ready to defend you for any alcohol related offense.
- California and Nevada define this offense slightly differently, but both states agree that a person is drunk in public if they are intoxicated by alcohol to the point where they cannot safely care for themselves.
- This offense is based on the safety of the offender, not other people.
- California also makes it a crime for an intoxicated person to block the public right of way.
- In California, it is generally illegal to have an open container of alcohol in public. Although this is a misdemeanor offense, most officers would choose to cite and release an offender rather than make an arrest.
- Nevada does not have an open container law, but certain cities, counties, towns and beaches do have regulations prohibiting open containers of alcohol in public.
- The crime of disorderly conduct is acting in such a way that is offensive to a reasonable person.
- Although alcohol impairment is not something the prosecution has to prove in order to convict someone, this crime is listed here because alcohol is usually involved with this offense.
- Trespassing is a very common crime in Lake Tahoe and is discussed more thoroughly on the Trespassing page.
- In both California and Nevada, the crime of resisting arrest actually encompasses much more activity. It is illegal to resist, delay, obstruct, or interfere with any law enforcement, EMT or public official.
- Again, alcohol intoxication is not an element of the offense, but many drunk people who get arrested often end up charged with this offense as well.
- Like some other crimes listed here, assault and battery are not crimes that require alcohol intoxication, but alcohol is commonly involved.
- Visit the Assault and Battery page for more info.
- When arrested for an alcohol related offense, some jails may choose not to release an offender or allow them to post bail until they have sobered up some.
- In some cases, law enforcement will call the arrest a “trip to the drunk tank” and no criminal charges will be filed.