Josiah Williams v. State of Indiana, 2013 Ind. App. LEXIS 288

On July 14, 2012, Josiah Williams was at Tiki Bob’s in downtown Indianapolis and, after a woman (Michelle) was struck by a car, remained in the street with the crowd while police tried to clear the scene for emergency vehicles.
Officers observed Williams as extremely intoxicated: strong odor of alcohol, glossy red/bloodshot eyes, slurred speech, unsteady/staggering balance, and belligerent behavior.
Officers repeatedly ordered Williams onto the sidewalk; he refused and had to be physically escorted off the street. During escort he jerked his arm away and pushed an officer’s hand.
The State charged Williams with public intoxication (Class B misdemeanor) under IND. CODE § 7.1‑5‑1‑3 (amended July 1, 2012) for being intoxicated in a public place and endangering life, breaching the peace, or harassing/annoying/ alarming another.
At bench trial the court found the officers’ testimony more credible than Williams’s denial of significant drinking and convicted; Williams was sentenced to 180 days with 178 suspended.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Williams)	Held
Whether evidence was sufficient to sustain conviction for public intoxication (intoxication plus endangerment/breach/harass)	Officers’ testimony established intoxication in a public place and that Williams’ refusal to leave the street and belligerence endangered himself and others and risked breach of the peace.	No nexus between intoxication and alleged danger; acted to assist injured person; speculative risk only; failure to obey is insufficient.	Affirmed — substantial evidence supported conviction: intoxication and endangerment/breach/harass element proven.

Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (standard for sufficiency review: consider only evidence supporting the judgment and reasonable inferences)
Vanderlinden v. State, 918 N.E.2d 642 (Ind. Ct. App. 2009) (lists indicia by which intoxication/impairment may be proven)