Which situation does NOT constitute public intoxication?

The situation that does not constitute public intoxication is when an individual is merely appearing in a public place after drinking alcohol. The key aspect of public intoxication laws is the degree of impairment caused by alcohol consumption. For it to be considered public intoxication, the individual must exhibit signs of being significantly impaired or intoxicated, which would pose a threat to themselves or others.

When someone is simply seen in public after consuming alcohol without displaying any behavior or signs of intoxication, it does not meet the legal threshold for public intoxication. The other scenarios listed describe conditions where an individual is either exhibiting noticeable impairment or could potentially endanger themselves or others due to their level of intoxication, which aligns with the criteria for public intoxication. Therefore, the correct choice highlights that merely being present in public after drinking does not inherently define public intoxication if one is not behaving in a way that indicates impairment.