We’ve all heard the stories, perhaps from a friend, a distant relative, or even through the grapevine after a particularly lively night out. Someone “slept it off” in jail, or had an unexpectedly early morning in a place they didn’t recognize. While these tales often come with a chuckle, the reality behind them, the “drunk tank jail”, is a serious component of the legal system that few truly understand until they’re directly impacted.
It’s not just a plot device in movies; it’s a very real holding cell designed to keep intoxicated individuals, and the public, safe. But what exactly is it? Today, we’ll be answering that and covering 10 legal facts about such a facility that you should know about.
Here are the topics we’ll cover today,
- What is a drunk tank jail
- 10 legal facts you should know about it
- Do you need a DUI lawyer
- Which is the best DUI lawyer in Maryland
With that said, let’s start by going over the concept of a drunk tank.
What is a Drunk Tank Jail?
Let’s start with the basics: what exactly is a drunk tank jail? This is a specific type of holding cell or facility where people who are intoxicated, usually from alcohol, are temporarily detained until they sober up. If you’ve ever heard stories about someone “sleeping it off” in jail after a wild night out, they were probably talking about this type of facility. These places are designed for short-term stays, typically ranging from several hours, depending on the circumstances and local laws.
You can find a drunk tank in police stations, some hospitals, or even as mobile units (sometimes called “booze buses”). The main goal is to keep intoxicated individuals safe from harming themselves or others while they’re under the influence. You might get locked in it if you’re found drunk in public, unable to care for yourself, causing a disturbance, or posing a danger to others.
In some places, police have the discretion to put you in a cell instead of charging you with a crime, especially if you’re just drunk and not otherwise breaking the law.
10 Legal Facts You Should Know About It
Now that you understand the concept of a drunk tank, here are some legal facts about it that you should know.
1. Not Always a Criminal Charge
Being placed in a drunk tank jail doesn’t always mean you’re being charged with a crime. Sometimes, it’s a civil protective measure to keep you and others safe until you sober up.
2. Duration of Stay
Most stays last only as long as it takes for you to sober up—usually a few hours but in some cases, you can be held for 6 to 9 hours.
3. Conditions Vary
Conditions can range from basic benches to more secure cells. Some facilities even charge you a fee for your stay, making it the “most expensive hotel in town” in some cities.
4. No Charges, No Conviction
If you’re only held for being intoxicated and not charged with a related crime, you won’t have a criminal record from the incident.
5. Repeat Offenses Can Lead to Charges
If you’ve been picked up repeatedly for public intoxication, you could eventually face misdemeanor charges, fines, or even jail time, especially if you’re disruptive or pose a danger.
6. Not All Police Departments Have These Facilities
Some areas don’t have a dedicated drunk tank jail. In those cases, police may file charges instead of offering civil protective custody.
7. Public vs. Private Spaces
You can only be placed in a drunk tank jail if you’re intoxicated in a public place. Being drunk at home or in a private setting usually doesn’t qualify.
8. Legal Defenses Exist
If you’re charged with public intoxication, a good defense lawyer can challenge whether you were actually in public or if you were truly unable to care for yourself or others.
9. Refusing Chemical Tests Can Affect Your Stay
In DUI cases, refusing a chemical test can mean a mandatory stay for up to 24 hours, sometimes in less-than-comfortable conditions.
10. Potential for Civil Rights Violations
If police violate your rights during your arrest or detention in a drunk tank jail, a lawyer can challenge the legality of your detention.
Do You Need a DUI Lawyer?
If your night in the drunk tank jail is connected to a DUI (driving under the influence) arrest, the answer is almost always yes, you need a DUI lawyer. DUI laws are complex and the consequences can be severe, including fines, license suspension, mandatory programs, and even jail time. A DUI lawyer will:
- Protect your rights from the moment you’re detained.
- Investigate your arrest, looking for errors in police procedure or testing.
- Challenge the evidence, such as the results of breathalyzer or field sobriety tests.
- Negotiate with prosecutors for reduced charges or alternative sentencing.
- Represent you in court and provide guidance throughout the process.
Even if you think your case is straightforward, the legal system is full of pitfalls. Missing a deadline or misunderstanding a procedure can cost you your license or worse. If you’re facing any DUI-related consequences after a stint in a drunk tank jail, don’t go it alone.
Which is the Best DUI Lawyer in Maryland?
If you’re in Maryland and end up in the drunk tank jail after a DUI, you want the best legal help possible. That’s where Scheuerman Law comes in. As part of the Scheuerman Law team, I can say with confidence that we are the top choice for DUI defense in Maryland.
Here’s why you should consider choosing us.
- Over 40 years of combined legal experience in Maryland DUI cases.
- Personalized defense strategies tailored to your unique situation.
- Aggressive courtroom advocacy—we never back down from a fight.
- Deep knowledge of Maryland DUI laws and local court systems.
- Proven track record of reducing or dismissing charges for our clients.
- Guidance and support from your first call to the final resolution.
- Affordable, transparent fees—no hidden costs.
- Multiple office locations for convenience across the Baltimore area.
- Commitment to community service and client-focused representation.
- We help protect your future, freedom, and driver’s license.
We understand the stress and uncertainty that comes with a DUI arrest and a night in the drunk tank jail. Our team will fight to make sure your side of the story is heard, your rights are protected, and your future is secure. We know how to challenge every aspect of a DUI arrest, from the moment you’re put in the drunk tank jail to your final court appearance.
So, if you find yourself in a drunk tank in Maryland, reach out to Scheuerman Law. We’ll help you put the incident behind you and get your life back on track. Schedule an appointment for a free consultation today by contacting us at 443-888-2062, and let us fight for the best possible outcome in your DUI case.
