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Basic Elements of a Public Intoxication Charge Specifically, it must be shown that a defendant: Was under the influence of alcohol, drugs, or controlled substances, Caused a disturbance or harm to another person, and. Was present in a public place.Second, in a public place. Laws punishing public intoxication (also known as "drunken or disorderly conduct") vary widely among states. What are the Elements of Public Intoxication? The crime of public intoxication typically requires that an individual appears to be drunk or intoxicated and is present in a public place. Being drunk on a public bus is not a crime. Criminal statutes in some states include public intoxication as one kind of behavior that can be considered disorderly conduct. Sec. 49.02. PUBLIC INTOXICATION. Your public intoxication attorney can always argue that you were involuntarily inebriated.