Is a person arrested for public intoxication actually under arrest?

A person arrested for public intoxication is, in fact, under arrest. When law enforcement apprehends someone for public intoxication, they are taking the individual into custody due to their level of intoxication posing a danger to themselves or others, which constitutes an official arrest.

The primary purpose of apprehending someone for public intoxication is to ensure public safety and to provide care for the intoxicated individual, often by taking them to a safe location such as a detox facility or jail. In this context, even if the individual has not caused additional trouble, the initial act of being taken into custody for being publicly intoxicated fulfills the criteria for an official arrest.

Understanding the nature of public intoxication arrests also underlines the responsibility of law enforcement to act in situations where a person's state may require intervention for safety reasons, further emphasizing that such individuals are indeed under arrest at the point of intervention.