Tribe: Mississippi Band of Choctaw Indians
§3-6-21 Intoxication or Impairment; Treatment for Repeat Offenses. It shall be unlawful to be under the influence of an intoxicating beverage, drugs, or other controlled substance in a public place, or in a private place where one unreasonably disturbs another person.
Public place means any public property or any building, enclosure, roadway, sidewalk, restaurant, place
of worship, entertainment venue, or place of instruction, where persons are generally allowed or invited
to be in attendance.
Being under the influence of an intoxicating beverage may be identified by observation of slurred
speech; red glossy eyes; staggered walking; odor of alcoholic beverage coming from the breath or
person of the individual; incapacitation; evidence of alcoholic beverages at the scene of arrest; or
statements made by the person. Public drunkenness may be further determined by Field Sobriety
Testing (“FST”) procedures. Inability to complete FST’s may present further evidence of
drunkenness.
Intoxication or Impairment is a Class C offense.
Any person charged with a second or subsequent offense of public drunkenness or impairment, may, upon
a plea of guilty, nolo contender (“no contest”) or conviction thereof, be required by the court to complete
an intake at Choctaw Behavioral Health and to participate in and complete a prescribed course of
treatment for alcohol or substance abuse and rehabilitation. Acceptance of treatment under this section
shall not be considered a commitment.