Whether you’re heading downtown to celebrate with friends, enjoying a game day on campus, or just walking home from a party, Morgantown’s social scene is a big part of student life. However, when a night out crosses into a legal gray area, such as public intoxication or open container violations, what seemed like a minor misstep can quickly become a serious issue. These charges may not sound like a big deal at first, but the consequences can have a lasting impact on your record, your reputation, and your future.
At Angotti & Straface Attorneys at Law L.C., we’ve spent decades helping students and young adults in Morgantown and the surrounding counties navigate exactly these kinds of challenges. We understand how fast things can escalate – and how important it is to protect what you’ve worked hard to build. If you’ve been cited or arrested, don’t wait. Know your rights, understand your options, and let us help you take the right next step.
What Counts as Public Intoxication in Morgantown?
Under West Virginia Code, public intoxication doesn’t require you to be loud, aggressive, or disruptive. Simply appearing visibly impaired – whether from alcohol or another substance – in a public place can result in a citation or even an arrest. This includes sidewalks, streets, public parks, parking lots, university areas open to the public, and some business or retail locations. Students are often surprised to learn that behavior like stumbling, slurred speech, or the smell of alcohol alone can be enough for law enforcement to take action, even if no actual disturbance occurs.
It’s important to note that not every space qualifies as “public” under the law. Bars, licensed restaurants, and certain areas of the university may be considered private, depending on the circumstances. If you were cited or arrested in such a location, your case may have a strong legal defense.
Open Container Violations: A Common Student Mistake
Open container violations often occur in situations that feel harmless – walking home with a drink, carrying a to-go cup near a tailgate, or having a half-empty bottle in your car. However, in Morgantown, especially on weekends or after campus events, these scenarios can quickly result in citations.
West Virginia law specifically prohibits drivers and passengers from possessing open containers of alcohol in the passenger area of a vehicle on public roads or rights-of-way. Even if you’re not actively drinking, having an unsealed alcoholic beverage within reach while in a car can result in a misdemeanor charge and fines.
Local ordinances may prohibit the open possession of containers in public outdoor areas, such as sidewalks or parks. Some cities prohibit open containers in public spaces altogether, particularly in busy or event-heavy areas. Students should be especially cautious, as enforcement tends to increase during university events and weekends.
Even if it seems like a minor oversight, the mere presence of alcohol – whether in your hand or your vehicle – can trigger legal consequences. And for underage students, the penalties are often more severe.
What Can Happen If You’re Charged?
Many students are surprised to learn that even a single alcohol-related charge – such as public intoxication or an open container violation – can carry lasting consequences. While these offenses may seem minor at first, they can quickly complicate your life in ways you didn’t expect. Possible outcomes include:
• Fines and court costs that add up quickly.
• University disciplinary action, including conduct hearings.
• A criminal record can impact scholarships, job opportunities, and housing prospects.
• Jail time, especially for repeat offenses or aggravating circumstances.
If you’re under 21, the consequences are often more severe. Alcohol-related charges at that age can trigger license suspensions and mandatory alcohol education programs, among other penalties.
Even if it’s your first legal issue, the stress and uncertainty can be overwhelming. That’s why it’s so important to have experienced legal guidance from the start. The right representation can help protect your record – and your future.
Your Rights. Your Future. Our Fight.
If you’ve been charged with public intoxication, open container, or a similar offense, it’s important to remember that you’re not powerless. You have legal rights – and knowing how to use them can make all the difference. Here are a few things to keep in mind in the moment and immediately after an incident:
• Don’t admit fault or explain the situation without legal counsel present.
• Ask if you’re free to leave if you haven’t been formally detained.
• Document what happened – note the location, time, and any witnesses.
• Most importantly, contact an attorney as soon as possible. The sooner you act, the more options you may have for protecting your future.
At Angotti & Straface Attorneys at Law L.C., we understand what’s at stake – and we know how to approach these cases strategically. That might mean challenging the evidence, negotiating for reduced charges, or working to have the citation dismissed entirely. Every case is different. Maybe there was no clear sign of intoxication. Perhaps the officer overstepped, or you were in a location that doesn’t legally qualify as “public.” Whatever the situation, we’ll take the time to understand the facts, evaluate your options, and fight for the best possible outcome.
Located just minutes from WVU’s campus, our firm has been representing students and residents of Morgantown and north-central West Virginia for decades. We’ve built a strong reputation for protecting our clients’ rights, records, and reputations – in both the courtroom and university disciplinary proceedings. We know the law. We know the system. And we know how to help you move forward.
Our attorneys will carefully review the details of your arrest or citation, identify any legal errors or weaknesses in the case, and determine the best strategy for resolution. Whether we’re appearing in municipal court or advocating for you at a university hearing, we’ll do everything we can to minimize the impact on your academic and professional future. We’re known for fighting hard – and getting results.
Take Action Now – Before a Small Charge Becomes a Big Problem
Don’t let one night define your future. Even if the charge seems minor, ignoring it is never the right course of action. The earlier you reach out, the better your chances of putting it behind you quickly and with minimal damage to your record. At Angotti & Straface, we’re here to help you face the charge head-on – and move forward with confidence.
Call today for a confidential consultation. Let us protect your record – so you can protect your future.
Angotti & Straface Attorneys at Law L.C.
274 Spruce Street, Morgantown, WV 26505
(304) 292-4381
The Law Firm You Can Trust
Proudly Serving Monongalia, Marion, Taylor, Preston, Harrison, Barbour, and Randolph Counties Since 1952