Charged with Public Intoxication in Tennessee? This Is More Serious Than It Sounds.

A night out in Gatlinburg or Pigeon Forge can end in handcuffs faster than most people expect. If you've been charged with public intoxication in Sevier County — whether you live here or were just visiting — you're dealing with a real criminal charge that can follow you home.

What Tennessee Law Says About Public Intoxication

Public intoxication is a Class C misdemeanor under Tennessee law. That means up to 30 days in jail and a fine of up to $500 — but the part that matters most to most people is what happens after the fine is paid. A conviction creates a permanent criminal record. It shows up on background checks run by employers, landlords, licensing boards, and universities. There is no automatic expiration. If you're convicted, that record exists until you take legal steps to address it.

 

Tennessee Code Annotated § 39-17-310 defines the offense as appearing in a public place under the influence of alcohol or drugs to the degree that you may endanger yourself or others, or unreasonably annoy people nearby. That's a broad standard, and it's worth understanding exactly what the state would need to prove before you decide how to respond to the charge.


Why Public Intoxication Charges Are So Common in This Area — and What That Means for You

The Gatlinburg–Pigeon Forge corridor is one of the most visited tourist destinations in the country. Distilleries, rooftop bars, live entertainment venues, and packed pedestrian strips are part of what draws millions of visitors here every year. Law enforcement in this area is experienced with alcohol-related arrests, and public intoxication is among the most frequently charged misdemeanors in Sevier County.

 

That context matters — but it doesn't make the charge disappear. Being arrested in a tourist area doesn't mean the charge is treated as a tourist inconvenience. The courts in Sevier County process these cases the same way they process any Class C misdemeanor. What differs is how your attorney handles it.

If You Were Just Visiting When You Were Arrested

For many people who contact us, this was their first arrest — ever. They were on vacation, celebrating a birthday or a bachelorette party, and they had no idea a public intoxication charge could result in a permanent criminal record. That shock is understandable. The charge is still real, and it still needs to be addressed.

 

The good news is that we represent out-of-state clients in Sevier County misdemeanor matters regularly. In many straightforward cases, we can handle the court proceedings without requiring you to return to Tennessee. One call is usually enough to tell you where things stand and what your options are.

Adjacent Charges That Often Come With a Public Intoxication Arrest

Public intoxication rarely arrives alone. Arrests in this corridor frequently involve additional charges filed at the same time, and how those charges interact matters for your defense strategy.

 

Common charges filed alongside public intoxication include:

 

  • Disorderly conduct
  • Resisting arrest
  • Simple possession of marijuana or drug paraphernalia
  • Underage consumption
  • Trespassing

 

We handle all of these. If your arrest involved more than one charge, we'll look at the full picture and build a defense that accounts for everything on the citation or booking report.

What a Conviction Actually Costs You

The fine is the smallest part of the problem. Here's what a public intoxication conviction can affect:

 

  • Employment background checks — many employers screen for any criminal history, including misdemeanors
  • Professional licensing — nursing, teaching, real estate, and other licensed professions often require disclosure of misdemeanor convictions
  • Housing applications — landlords routinely run criminal background checks
  • Security clearances and government employment
  • Future criminal proceedings — a prior conviction, even a minor one, can affect how a judge or prosecutor approaches a later charge

 

None of this is meant to alarm you. It's meant to give you an accurate picture of what's at stake so you can make an informed decision about how seriously to take this charge.

How a Defense Attorney Can Help

The outcome of a public intoxication charge is not predetermined. Depending on the circumstances of your arrest, there may be grounds to challenge the charge, negotiate a reduction, or pursue diversion options that keep a conviction off your record entirely.

 

We look at the specific facts: what the officer observed and documented, whether the elements of the offense were actually met, and whether any procedural issues affect the case. For first-time offenders with no prior criminal history, there are often paths to resolution that don't result in a permanent conviction. We'll tell you honestly what we see in your case and what we think is realistic.

Expungement After a Public Intoxication Charge

If you were arrested but not convicted, or if you completed a diversion program, your record may be eligible for expungement under Tennessee law. Expungement removes the charge from your public criminal record, which means it won't appear on standard background checks.

 

Even if a conviction is on your record from a prior public intoxication charge, it may be worth reviewing your eligibility. Tennessee's expungement laws have expanded in recent years, and charges that weren't previously eligible may now qualify. Our expungement services cover Sevier County and the surrounding region — if you want to know where you stand, we're glad to take a look.


We Know Sevier County Courts — and We Know How These Cases Move

Mike Shults was born and raised in Sevierville. He's been practicing in Sevier County courts for more than 13 years. That's not a marketing line — it's the kind of familiarity with local prosecutors, judges, and court procedures that directly affects how your case is handled. We're not a regional firm routing your case to whoever is available. When you hire Shults Law, Mike handles your case.

 

We've built a reputation in this community for treating clients like people — not case numbers. Our Google reviews reflect that. If you want to know what it's like to work with us before you call, we'd encourage you to read what past clients have said.


What to Do Right Now If You've Been Charged

The window to respond to a misdemeanor charge matters. Waiting too long can limit your options. Here's what we recommend:

 

Don't pay the fine and assume the case is closed. Paying a fine in a criminal matter is typically treated as a guilty plea. If you haven't spoken with an attorney yet, do that before you pay anything.

 

Write down everything you remember about the arrest while it's fresh — where you were, what the officer said, what happened before and after. Details that seem minor can matter.

 

Call us. A free consultation costs you nothing and gives you a clear picture of what you're facing and what your realistic options are. We represent clients in Sevier County, Blount County, Knox County, Jefferson County, and Cocke County. If your charge was filed in any of these jurisdictions, we can help.


Serving Visitors Arrested in Gatlinburg and Pigeon Forge

If you were arrested in Gatlinburg or Pigeon Forge and you live out of state, you may feel like this is impossible to deal with from a distance. It's not. We handle cases for out-of-state clients in this corridor on a regular basis, and we know how to move these matters forward efficiently. Many clients never need to return to Tennessee at all.

 

If you were arrested in Gatlinburg, we serve that jurisdiction. If your charge came out of Pigeon Forge, we handle that court as well. The first step is a call — we'll tell you exactly what the process looks like from here.


Hablamos Español

Our office serves Spanish-speaking clients directly — no interpreter required, no added friction. If you or a family member was charged with public intoxication and English is not your first language, you can speak with us in Spanish from the first call. We want every client to fully understand their situation and their options, and that starts with being able to communicate clearly.

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Frequently Asked Questions About Public Intoxication Charges in Tennessee

  • Is public intoxication a misdemeanor in Tennessee?

    Yes. Public intoxication is classified as a Class C misdemeanor under Tennessee law. A conviction carries a fine of up to $500 and up to 30 days in jail. More significantly, it creates a permanent criminal record that appears on background checks.
  • Can I just pay the fine and move on?

    Paying the fine in a criminal case is typically treated as entering a guilty plea. That means accepting a conviction and a permanent record. Before you pay anything, speak with an attorney to understand what you're agreeing to and whether better options exist.
  • I was arrested as a tourist in Gatlinburg — do I have to come back to Tennessee for court?

    Not necessarily. In many straightforward misdemeanor cases, an attorney can appear on your behalf and handle the proceedings without requiring your return. Call us first — we'll tell you what the process looks like for your specific situation.
  • Can a public intoxication conviction be expunged in Tennessee?

    It depends on the circumstances. If you were not convicted, or if you completed a diversion program, you may be eligible for expungement. Some convictions are also eligible under Tennessee's expanded expungement laws. We can review your record and tell you where you stand.
  • What if I was charged with public intoxication and another offense at the same time?

    Multiple charges from the same arrest are common in this area. How those charges interact — and how they're resolved — matters for your overall outcome. We handle all of the charges together and build a defense strategy that accounts for the full picture.

Speak with a Public Intoxication Defense Attorney Today

A public intoxication charge in Tennessee is a misdemeanor — but misdemeanors create permanent records, and permanent records have real consequences. Whether you live in Sevier County or you were just passing through, we can help you understand your options and work toward the best possible outcome.

 

Call us at 865-428-2345 or use our online contact form to reach us any time. Consultations are free, and we offer flexible payment plans.