Public Drunkenness in Pennsylvania: The Penalty

Last updated October 4, 2026.

A public drunkenness citation is easy to pay without a second thought. That can be a mistake, because paying is a guilty plea and leaves a criminal record that shows up on background checks. This page explains what the charge actually requires, what it can cost, and what can be done about it. My general approach to criminal charges is on the main criminal defense page.

How does a public drunkenness case move through Lawrence County?

Almost every case starts with a citation and is decided at the local district court, under the statewide rules for summary cases:

The citation. The officer hands you, or mails you, a citation naming section 5505, summarizing the facts and listing the district court where it will be filed (Pa.R.Crim.P. 403). Around Ellwood City, citations go to District Court 53-3-01 at 607 Lawrence Avenue, which the borough describes as handling traffic and non-traffic citations; what to expect there is covered in the Ellwood City district court.
The 10-day answer. You have 10 days from the date the citation is issued to plead guilty or not guilty (Rule 407). A not guilty plea by mail goes with collateral equal to the fine and costs on the citation, or $50 if none are listed, and a person who cannot afford that can plead in person instead (Rule 408(A), 403(B)(2)). Letting the 10 days pass can lead to a warrant, as explained in what happens if you ignore a citation.
A guilty plea by mail. Because the offense can carry jail, the district judge decides whether to accept a guilty plea sent by mail. If the judge does not accept it, you are told to appear in person on a set date and told of your right to counsel (Rule 409(B)(3)(b), (c)).
The summary trial. After a not guilty plea, the judge sets a trial date and hears the case without a jury, with the Commonwealth required to prove the charge (Rule 454(b)). If jail or probation is reasonably likely, the judge must advise you of the right to counsel and can assign a lawyer if you cannot afford one (Rule 454(a)(2)). This is also the point at which an adjudication alternative can be considered, described below.
The appeal. A conviction, or even a guilty plea, can be appealed for a new trial in the Court of Common Pleas by filing a notice of appeal with the clerk of courts within 30 days (Rule 460(a)). The county's Clerk of Courts lists $58.50 as the total for an appeal from a district judge, and the new trial takes place at the Lawrence County Courthouse, 430 Court Street, New Castle.

In New Castle and the surrounding townships, the district court depends on where the citation was written. The county's four district courts and their areas are listed on the Lawrence County courts page.

What does the Commonwealth have to prove?

Section 5505 of the Crimes Code makes it a summary offense to appear "in any public place manifestly under the influence of alcohol or a controlled substance ... to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity." Each part of that sentence matters:

A public place. Being drunk at home is not the offense.
Manifestly under the influence. The influence has to be obvious, not just the smell of alcohol.
To a degree that endangers or annoys. The person must be impaired enough that they may endanger themselves, other people or property, or annoy people nearby.
Prescriptions are excluded. The statute does not cover controlled substances "taken pursuant to the lawful order of a practitioner."

Public drunkenness is not disorderly conduct, which is about the conduct itself rather than the level of intoxication; that charge is explained in disorderly conduct in Pennsylvania. The two are sometimes cited together from the same incident.

It is also not a DUI, which requires driving, operating or being in actual physical control of the movement of a vehicle (75 Pa.C.S. 3802(a)). The Vehicle Code defines a pedalcycle as a vehicle (75 Pa.C.S. 102), so riding a bicycle home after drinking can lead to a DUI charge rather than a public drunkenness citation, as explained in DUI on an ATV, snowmobile or bicycle. The prescription exception in 5505 has no counterpart for drivers, because being legally entitled to use a controlled substance is not a defense to a DUI (75 Pa.C.S. 3810), a point covered in DUI for prescription pills or medical marijuana.

What are the penalties?

Public drunkenness penalties (18 Pa.C.S. 5505, 1105)
Violation	Maximum fine	Maximum jail	Grade
First	$500	90 days	Summary offense
Second and each later one	$1,000	90 days	Summary offense

Court costs are added to any fine. Because jail is possible, the district judge decides whether to accept a guilty plea by mail, and may decline to try the case in your absence if a jail sentence is likely (Pa.R.Crim.P. 409(B)(3)(b), 455(A)). Drivers sometimes ask about their license; public drunkenness is a Crimes Code offense, not a Vehicle Code one, so the license suspension rule for unanswered traffic citations in 75 Pa.C.S. 1533 does not apply to it.

How a public drunkenness citation can end, and what each outcome leaves behind
Outcome	What it means	The record
Not guilty	Any collateral deposited is returned (Rule 455(C))	Charges that end without a conviction are sealed under Clean Slate (9122.2(a)(2))
Adjudication alternative completed	Charges dismissed; no fine and no jail (42 Pa.C.S. 1520(c))	No conviction, but acceptance counts as a first conviction for a later violation (1520(a))
Guilty plea or conviction	Fine up to $500, or $1,000 for a repeat violation, plus costs; up to 90 days (5505, 1105)	Sealed under Clean Slate five years after judgment once restitution is paid (9122.2(a)(3)); expungement by petition after five arrest-free years (9122(b)(3))
Appeal filed within 30 days	A new trial in the Court of Common Pleas; the sentence is stayed while the appeal is pending (Rule 454(f)(2), 460)	Depends on the result of the new trial

Can it be resolved without a conviction?

Often there is a path. Under 42 Pa.C.S. 1520, a magisterial district judge may, after hearing the facts, place a person charged with a summary offense in an adjudication alternative program instead of deciding the case; the current text excludes only game law cases. The person does not have to plead guilty to be accepted. The program can include work, counseling, public service, education or other community service, supervised by an agency under a program the Court of Common Pleas has approved, and it may include costs and restitution. When it is completed, the judge "shall dismiss the charges" and the person owes no fine and serves no jail.

Two cautions: acceptance counts as a first conviction when deciding whether a later offense is a second one, and refusing the conditions or failing the program without good cause sends the case back to be decided on the charges (1520(a), (d)).

Will it stay on my record?

A conviction is a criminal record, but Pennsylvania offers two routes for summary offenses:

Automatic limited access. Under the Clean Slate law, a summary conviction becomes subject to limited access once five years have passed since the judgment and all court-ordered restitution is paid (18 Pa.C.S. 9122.2(a)(3)).
Expungement by petition. A person who has been free of arrest or prosecution for five years after the conviction may petition the court to expunge a summary offense (18 Pa.C.S. 9122(b)(3)). The petition is filed with the clerk of courts and served on the district attorney, who has 30 days to consent or object (Pa.R.Crim.P. 490). The county's Clerk of Courts lists the fee as $132 plus a $50 district attorney approval fee, $182 in total.

A case dismissed after an adjudication alternative ends without a conviction, and the court system sends charges that end that way to the State Police for limited access within 30 days after the disposition, once any restitution is paid (9122.2(b)(2)(i)). How each route works is explained in clearing a criminal record in Pennsylvania.

In the meantime, the employment statute lets an employer weigh felony and misdemeanor convictions that relate to the job and does not list summary offenses (18 Pa.C.S. 9125(b)), and a state licensing board may not use a summary conviction at all (9124(b)(3)). More on job applications is in whether an employer can refuse to hire you over an old conviction.

What if the person cited is under 21?

Then an underage drinking citation under 18 Pa.C.S. 6308 often comes with it or instead of it. That charge has its own fines, its own evaluation rules and a special expungement route, covered in what happens after an underage drinking citation.

What changes the answer?

The place. The statute applies only in a public place (5505).
How impaired, and to what effect. The influence must be manifest, and to a degree that may endanger the person, others or property, or annoy people nearby (5505).
The substance. Alcohol and controlled substances count; drugs taken under a practitioner's lawful order do not (5505).
Earlier violations. The maximum fine doubles to $1,000 for a second or later violation, and an earlier adjudication alternative counts as the first (5505, 42 Pa.C.S. 1520(a)).
A vehicle. Driving, operating or controlling a vehicle, a bicycle included, moves the case into DUI law (75 Pa.C.S. 102, 3802(a)).
Other charges. When a summary charge is joined with a misdemeanor or felony, the district judge does not try it separately; it moves with the court case through a preliminary hearing (Rule 542(F)), as explained in what happens at a preliminary hearing in Lawrence County.
Probation. For someone already on probation, a new conviction for another crime is one of the grounds that allow a jail sentence on revocation (42 Pa.C.S. 9771(c)(1)(i)), covered in probation violation hearings in Pennsylvania.

A worked example

For example, take a hypothetical 30-year-old (not a real case) walking home after a night out in Ellwood City who stumbles off the sidewalk into traffic. An officer stops him and issues a citation under 5505, dated June 6.

Stepping into traffic is the kind of conduct that "may endanger himself," and the street is a public place, so the elements are in play. He has until June 16 to plead (Rule 407). If he mails a guilty plea with the fine and costs, the case can end there, with a summary conviction on his record. As a first violation, the most he faces is a $500 fine plus costs and up to 90 days (5505, 1105).

If he pleads not guilty instead, the district judge hears the facts at a summary trial and may offer an adjudication alternative under 1520, such as community service. If he completes it, the charge is dismissed, he pays no fine, and the dismissed charge is sent for limited access within 30 days (1520(c), 9122.2(b)(2)(i)). If he is cited again later, though, the acceptance counts as his first conviction, so a conviction on the new citation carries the $1,000 maximum.

Common mistakes with public drunkenness citations

Mailing the fine to get it over with. Sending the fine and costs is a guilty plea, and money sent without a plea marked is recorded as one (Rule 403(B)(5)). It also ends the case before a judge hears the facts, which is when an adjudication alternative is considered (1520(a)).
Treating it like a parking ticket. For an adult, failing to respond to a Crimes Code citation leads to an arrest warrant (Rule 403(B)(4)(a)).
Thinking a guilty plea is final. A summary guilty plea can be appealed for a new trial within 30 days of its entry (Rule 460(a)).
Falling behind on payments without saying anything. A defendant who expects to miss a payment can ask for a hearing on the ability to pay; after a default, the court sends a 10-day notice that can end in a warrant (Rule 456(A), (B)).
Driving to avoid a citation. Getting behind the wheel, or on a bicycle, trades a summary offense for a possible DUI (3802(a)).

What to do this week

Find the date the citation was issued and count 10 days (Rule 407).
Read the citation: the section charged, the district court, and any fine and costs listed.
Write down where you were, what you had to drink or take, and who was with you.
If a prescription was involved, keep the bottle or pharmacy record that shows it.
Look the case up on the UJS Portal, which the county's Central Court page points to for case information.
Decide how to plead before you send any money; if you cannot afford the collateral, plan to plead in person.
If you are under 21 or on probation, make that the first thing you mention when you get advice.

Frequently asked questions

Is public drunkenness a misdemeanor in Pennsylvania?

No. Every public drunkenness violation is a summary offense, the lowest grade, whether it is the first or a later one (5505). Only the maximum fine changes with repeat violations.

Can I go to jail for public drunkenness?

The law allows up to 90 days for any summary offense (18 Pa.C.S. 1105). If jail or probation is reasonably likely, the judge must advise you of the right to counsel before trial, and a jail sentence cannot be imposed if that right was not afforded (Rule 454(a)(2), Comment).

Will public drunkenness suspend my driver's license?

No. Section 1533 suspends a license only for unanswered or unpaid Vehicle Code citations, and even then the court must first send written notice at least 30 days before notifying PennDOT (75 Pa.C.S. 1533(a), (c)). Public drunkenness is a Crimes Code offense, so 1533 does not reach it, but ignoring the citation can still lead to a warrant.

What if I cannot pay the fine all at once?

At sentencing, the judge may set installment payments for a defendant who cannot pay in a single payment (Rule 454(f)(1)). If a payment problem comes up later, ask for a hearing on your ability to pay before you default (Rule 456(A)).

Does it matter that I was on prescribed medication?

It can. Section 5505 excludes controlled substances "taken pursuant to the lawful order of a practitioner." The exception covers prescribed controlled substances, not alcohol, so what was taken, and when, matters.

If you received a public drunkenness citation in Ellwood City, New Castle or anywhere in Lawrence County, talk to someone before you mail in the fine. You work directly with me, and the first consultation is always free and confidential.

What is the penalty for public drunkenness in Pennsylvania?