Nashville has become one of the party capitals of the country, with tens of thousands coming to the city every year for bachelor/bachelorette parties alone. Regardless of whether you live here, are visiting for a concert, or are just enjoying the nightlife Nashville has to offer, it’s important to understand the local laws surrounding drinking and public intoxication in case you find yourself on the wrong side of that law.
Of course, it’s always in your best interest to be as calm and collected as possible when talking with law enforcement, but it’s also good to know your rights and what can land you with a charge.
Open Container Laws
Nashville has what some call the “Solo Cup Law,” which states that “it shall be a violation for any person, while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the public…to have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.”
What that means is that you can only walk the streets of Nashville with alcohol only in a plastic or paper cup – not a bottle, glass, or can – or if the bottle, glass, or can has not been opened yet.
If you are stopped with an open container, even if you are not actively consuming it, you could be facing a Class C misdemeanor. This could mean up to 30 days in jail, paying fines and court costs, and probation.
Public Intoxication
Even if you don’t take your drink outside the bar, you could still face consequences if you’re visibly drunk. Like an open container violation, a charge of public intoxication is a Class C misdemeanor, carrying up to 30 days in jail and fines up to $50.
The statute for public intoxication in Tennessee is broad, only defined as being under the influence of a controlled substance (T.C.A. § 39-17-310). You will likely be arrested for public intoxication if you are belligerent, a danger to yourself or others, or causing a disturbance that “unreasonably annoys” those around you.
Assault and Battery
Often, combining alcohol and crowded spaces can mean confrontation, and sometimes, those confrontations can boil over into a physical altercation. Depending on the situation and police intervention, you could face charges like assault, battery, and disturbing the peace after a bar fight.
Assault means you have threatened or attempted to cause bodily injury to another person, while battery is actually causing bodily injury to another person. Disturbing the peace means any behavior that disrupts the peace or tranquility of those around you in a public space.
These charges can carry more significant penalties than an open container or public intoxication charge. This can include felony charges, higher fines and court costs, and more jail time.
In Trouble? How We Can Help
It can be a disorienting whirlwind when a fun night out turns into a stay in jail. It’s important to know your rights and, if you find yourself facing criminal charges, know a good attorney who can defend them for you. At PNC Law, we have the knowledge and experience to help you get the best outcome if your night took a turn. Contact us today at (615) 785-2000 or philip@tncriminaldefenseattorney.com.