76-9-110. Public intoxication.
(1) As used in this section, "minor" means an individual who is younger than 21 years old. Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits public intoxication if the actor: is in a public place; or in a private place where the actor could unreasonably disturb other individuals; is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors; and is under the influence to a degree that it may endanger the actor or another individual.
(3) A violation of Subsectionis a class C misdemeanor. (2)
(4) A peace officer or a magistrate may release an actor from custody arrested under this section if the peace officer or magistrate believes incarceration is unnecessary for the protection of the actor or another individual. A peace officer may take the actor to a detoxification center or other special facility as an alternative to incarceration or release from custody.
(5) If a minor is found by a court to have committed a violation of Subsectionand the violation is the minor's first violation of Subsection (2), the court may: (2) order the minor to complete a screening as defined in Section; 41-6a-501 order the minor to complete an assessment as defined in Sectionif the screening indicates an assessment to be appropriate; and 41-6a-501 order the minor to complete an educational series as defined in Sectionor substance use disorder treatment as indicated by an assessment. 41-6a-501 If a minor is found by a court to have violated Subsection (2) and the violation is the minor's second or subsequent violation of Subsection (2), the court shall: order the minor to complete a screening as defined in Section; 41-6a-501 order the minor to complete an assessment as defined in Sectionif the screening indicates an assessment to be appropriate; and 41-6a-501 order the minor to complete an educational series as defined in Sectionor substance use disorder treatment as indicated by an assessment. 41-6a-501
(6) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated Subsection (2), the court shall suspend the minor's driving privileges under Section. 53-3-219 Notwithstanding the requirement in Subsection (6)(a), the court may reduce the suspension period required under Sectionif: 53-3-219 the violation is the minor's first violation of Subsection (2); and the minor completes an educational series as defined in Section; or 41-6a-501 the minor demonstrates substantial progress in substance use disorder treatment. Notwithstanding the requirement in Subsection (6)(a) and in accordance with the requirements of Section, the court may reduce the suspension period required under Sectionif: 53-3-219 53-3-219 the violation is the minor's second or subsequent violation of Subsection (2); the minor has completed an educational series as defined in Sectionor demonstrated substantial progress in substance use disorder treatment; and 41-6a-501 the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a); or the minor is under 18 years old and has the minor's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a).
(7) When a minor who is younger than 18 years old is found by a court to have violated Subsection (2), the provisions regarding suspension of the driver's license under Sectionapply to the violation. 80-6-707
(8) Notwithstanding Subsections (5)(a) and, if a minor is adjudicated under Section, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment. (b) 80-6-701
(9) When the court issues an order suspending an actor's driving privileges for a violation of Subsection (2), the actor's driver license shall be suspended under Section. 53-3-219