Tribe: Pueblo of Laguna
Section 15-14-14. Intoxication—Public or private.
A. Offense. A person commits the offense of public intoxication if he appears in a public or a private place while under the influence of alcohol, marijuana or a controlled substance, the use of, or the possession of which is prohibited by the Pueblo, and which is not therapeutically administered, and if any of the following circumstances are present:
(1) The person is found unconscious in a public place or on the property of another without permission; or
(2) The person bothers, disrupts or otherwise intrudes upon another person or group of persons; or
(3) The person is found wandering about, unable to give a reasonable account of his or her destination, and appears unable to care for his own safety; or
(4) The person appears or is found in an area set aside for religious or ceremonial activities which have been traditionally, or by order of the Pueblo Council or other authorities, set aside for use free from alcohol, marijuana or controlled substance usage, or the presence of intoxicated persons during the period of such religious or ceremonial activity.
B. Definition. For purposes of this chapter a “public place” is defined as a place to which the general public has a right to resort to; a place normally visited by many persons and is usually accessible to the neighboring public. A public place could include, but is not limited to, such places as streets, public dances, ceremonies, feasts, public throws, the common areas of schools, hospitals, churches, apartment complexes, office buildings, transport facilities, businesses open to the public, and public streets, roads, and will include the assignment areas given to Tribal members for residential purposes.
C. Sentence. Any person found guilty of public intoxication shall:
(1) Be sentenced to a jail term not to exceed one hundred sixty (160) days, or be ordered to pay a fine not to exceed three hundred fifty dollars ($350.00), or both; or
(2) The court may, in its discretion, defer incarceration and order the guilty person to undergo a professional evaluation that addresses his substance abuse. Such person may be sentenced to one (1) year supervised probation to facilitate the therapeutic treatment that may be recommended after the evaluation is completed; or
(3) The court may, in its discretion, defer incarceration and/or fines and may order the guilty person to perform community service. The number of hours and such service and the manner in which such service is supervised will be determined by the court.