Tennessee Code Annotated
Tenn. Code Ann. § 39-17-310 (2026)
Public intoxication
✓ current as of May 2026
- (a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that:
- (1) The offender may be endangered;
- (2) There is endangerment to other persons or property; or
- (3) The offender unreasonably annoys people in the vicinity.
- (b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 16.
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1994–2025 · leading case: State of Tennessee v. James Edward Farrar, Jr., 355 S.W.3d 582 (Tenn. Crim. App. 2011).
State of Tennessee v. James Edward Farrar, Jr., 355 S.W.3d 582 (Tenn. Crim. App. 2011). “Accordingly, the trial court abused its discretion to the extent that it used the commission of a violation of Code section 39-17-310 as a basis for revoking probation.”
Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995). “§ 55-10-401, making it unlawful to drive on public roads while under the influence of an intoxicant, and upon Tenn.Code Ann. § 39-17-310, making it a crime for any person to appear in a public place under the influence of an intoxicant.”
State v. Wilson, 990 S.W.2d 726 (Tenn. Crim. App. 1998). “” Tenn.Code Ann. § 39-17-310. Our code defines “public place” as follows: [A] place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds…”
State of Tennessee v. Earnest Cunningham (Tenn. Crim. App. 2001). “” Tenn. Code Ann. § 39-17-310 (a)(1), (2). Public intoxication is a Class A misdemeanor.”
State of Tennessee v. Nolan Excell Pippen (Tenn. Crim. App. 2016). “See Tenn. Code Ann. §§ 39-17-310 , -418. The trial court imposed a total effective sentence of two years‟ incarceration.”
State of Tennessee v. Fredrick Devell Rice, Jr. (Tenn. Crim. App. 2025). “After the first incident, the Defendant was charged with public intoxication, a Class C Misdemeanor, in violation of Section 39-17-310 of the Tennessee Code Annotated (Count One); possession of a firearm while intoxicated, a Class A Misdemeanor, in violation of Section…”
State of Tennessee v. James Willie Blair (Tenn. Crim. App. 2012). “T.C.A. § 39-17-310. As relevant here, a public place is defined as the following: “Public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks,…”
State of Tennessee v. Rodney Lee Scott (Tenn. Crim. App. 2017). “In order to sustain the conviction, the proof needed to show that Defendant was in a public place while under the influence of an intoxicating substance and posed a danger to others.”
State of Tennessee v. Steve Leslie Smith (Tenn. Crim. App. 2022). “T.C.A. § 39-17-310 (2018). The evidence presented, viewed in the light most favorable to the State, was that the Defendant was found near residences and a busy intersection with impaired speech and balance.”
Anglin v. Dickson, Tennessee, City of (M.D. Tenn. 2023). “Tenn. Code Ann. § 39-17-310 . Sgt. Chandler’s Affidavit of Complaint reads: On April 7, 2019 at approximately 02:46 City cars were dispatched to Cookout in reference to a subject in the drive thru making threats.”
State of Tennessee v. James Edward Farrar, Jr. (Tenn. Crim. App. 2010). “” T.C.A. § 39-17-310(a). Indeed, the videotape from Officer Moore’s cruiser militates against each of these factors.”
State of Tennessee v. Eric Michael Goldman (Tenn. Crim. App. 2007). “” T.C.A. § 39-17-310(a)(2) (2006). The victim testified she was on McClure Street in Lewisburg when the Appellant attacked her.”
— Tenn. Code Ann. § 39-17-310(a) — 4 cases
State of Tennessee v. James Edward Farrar, Jr., 355 S.W.3d 582 (Tenn. Crim. App. 2011). “Accordingly, the trial court abused its discretion to the extent that it used the commission of a violation of Code section 39-17-310 as a basis for revoking probation.”
State of Tennessee v. James Edward Farrar, Jr. (Tenn. Crim. App. 2010). “” T.C.A. § 39-17-310(a). Indeed, the videotape from Officer Moore’s cruiser militates against each of these factors.”
Carruth v. City of Etowah, 892 S.W.2d 833 (Tenn. Ct. App. 1994).
State of Tenness v. Rick J. Goultrie (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 39-17-310(a)(2) — 1 case
State of Tennessee v. Eric Michael Goldman (Tenn. Crim. App. 2007). “” T.C.A. § 39-17-310(a)(2) (2006). The victim testified she was on McClure Street in Lewisburg when the Appellant attacked her.”
— Tenn. Code Ann. § 39-17-310(a)(3) — 1 case
State v. Wilson, 990 S.W.2d 726 (Tenn. Crim. App. 1998). “” Tenn.Code Ann. § 39-17-310. Our code defines “public place” as follows: [A] place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds…”
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