What the Law Actually Says
Tennessee's public intoxication law, T.C.A. § 39-17-310, makes it a crime to appear in public under the influence of alcohol or drugs to the degree that you may endanger yourself, other persons, or property. In practice, this charge is common in downtown Gatlinburg and the Pigeon Forge Parkway, where officers patrol busy tourist areas late at night.
Penalties for Public Intoxication
Public intoxication is a Class C misdemeanor, the lowest misdemeanor level in Tennessee. The maximum penalty is 30 days in jail and a $50 fine. While that sounds minor, any conviction creates a permanent criminal record that can appear on employer background checks, rental applications, and professional-license screenings.
Bond and Release After the Arrest
Most people arrested for public intoxication in Sevier County are booked and released on bond within a few hours. Bond may be set by a judicial commissioner or magistrate. For first-time offenders, bond is usually low. You will receive a paper with your first court date, typically in Sevier County General Sessions Court.
How These Cases Are Usually Resolved
First-time public intoxication charges are often dismissed or reduced after the client completes alcohol education, pays court costs, or performs community service. The key is resolving the case without a conviction on your record. Contact The Myrick Law Firm at 865-365-1184 for a free consultation. This article is for educational purposes only and is not legal advice.
Frequently Asked Questions
Will a public intoxication charge show up on a background check?
Yes, if it results in a conviction. If the charge is dismissed or expunged, it generally will not appear on a standard background check.
Do I need a lawyer for a public intoxication ticket?
For most first-time offenders, having a lawyer greatly increases the chance of a dismissal or reduction. It is usually much less expensive than living with a permanent conviction.
What court handles public intoxication in Gatlinburg?
Cases are generally heard in Sevier County General Sessions Court in Sevierville, even if the arrest happened in Gatlinburg or Pigeon Forge.
Can out-of-state visitors resolve this without returning to Tennessee?
Often, yes. Your attorney can appear on your behalf at most preliminary settings and resolve the case without you traveling back.