Public Intoxication Laws by State (2026)
How each state charges public intoxication and the maximum penalties, from each state criminal code.
| State | Public intoxication |
|---|---|
| Alabama | Public intoxication is still an offense in Alabama, but it is graded as a 'violation', not a misdemeanor. It covers appearing in a public place under the influence of alcohol, narcotics or another drug to the point of endangering yourself, others or property, or annoying people nearby with boisterous and offensive conduct. A violation is punishable by up to 30 days in county jail and a fine up to $200. Ala. Code §§ 13A-11-10, 13A-5-7(b), 13A-5-12(b) |
| Alaska | Being drunk in public is not a crime under Alaska state law; state policy is that intoxicated people should not be criminally prosecuted for drinking and should be offered treatment. A person who appears intoxicated in a public place and needs help may be taken into protective custody and brought home or to a treatment or health facility (or, if none is available, to a jail or detention facility); a person who appears incapacitated in public must be taken into protective custody. Protective custody is not an arrest, and no record may be made showing that the person was arrested or charged with a crime. Laws on drunk driving and on drinking in specified public places still apply. AS 47.37.010, 47.37.170, 47.37.250 |
| Arizona | Being drunk in public is not a crime in Arizona. State law bars counties, cities and towns from adopting or enforcing any law that makes being a common drunkard or being found intoxicated an element of an offense with criminal or civil penalties (DUI and rules on where and by whom alcohol may be used are not affected). Instead, police may take a publicly intoxicated person who is a danger to self or others, or incapacitated by alcohol, to a local alcoholism reception center for emergency evaluation and treatment. A.R.S. §§ 36-2031, 36-2026 |
| Arkansas | Public intoxication is a crime in Arkansas: appearing in a public place manifestly under the influence of alcohol or a controlled substance to the degree that the person is likely to endanger himself or herself, others or property, or unreasonably annoys people nearby. It is a Class C misdemeanor (up to 30 days, up to $500). If the person has been convicted two or more times within five years, it is an unclassified misdemeanor for which the court may impose probation of up to one year conditioned on enrolling in alcohol treatment, a fine of up to $500, and up to 30 days of imprisonment. Ark. Code § 5-71-212(a), (b); 5-4-401(b)(3); 5-4-201(b)(3) |
| California | Being drunk or high in public is a crime in California, charged as disorderly conduct, a misdemeanor, under Penal Code § 647(f), punishable by up to 6 months in county jail and/or a fine of up to $1,000. It requires that the person was willfully under the influence of alcohol, a drug or a controlled substance in a public place and either could not care for their own (or others') safety or, because of the intoxication, blocked or interfered with the free use of a street, sidewalk or other public way. A public place is one open and accessible to anyone who wants to go there. When reasonably able, a peace officer must instead place the person in civil protective custody at a designated facility for 72-hour treatment and evaluation (with exceptions, such as for people under the influence of drugs); a person placed in civil protective custody cannot later be prosecuted for the same facts. Cal. Pen. Code §§ 647(f), (g), 19; CALCRIM No. 2966 |
| Colorado | Being drunk in public is not a state crime in Colorado, and local governments may not adopt or enforce any law that makes drinking, having an alcohol use disorder, or being found intoxicated an element of an offense with a criminal or civil penalty. State policy is that intoxicated persons should be afforded treatment. Laws against drunk driving and rules on where, when and by whom alcohol or drugs may be possessed or used are not affected, and being intoxicated does not prevent arrest or prosecution for other criminal conduct. C.R.S. §§ 27-81-117, 27-81-101 |
| Connecticut | Being drunk in public is not listed as a crime in Connecticut's penal code. Instead, the law treats it as a health matter: a police officer may, with the person's consent, help an intoxicated person in a public place get home or to a treatment facility or hospital, and must take a person who appears incapacitated by alcohol into protective custody and bring them to a treatment facility or hospital. The statute says protective custody is not an arrest and no record may be made indicating that the person was arrested or charged with a crime. Disruptive behavior while drunk can still be charged under other laws such as disorderly conduct or breach of the peace. Conn. Gen. Stat. § 17a-683 |
| Delaware | Public intoxication is an offense in Delaware: appearing in a public place so obviously under the influence of alcohol or non-prescribed drugs that the person may be in danger, endanger others or property, or annoy people nearby. A first or second offense is a violation (a non-criminal offense punishable by a fine of up to $345 for a first offense). It becomes an unclassified misdemeanor (up to 30 days and $575) if the person has been convicted of public intoxication twice before within 1 year. 11 Del. C. §§ 1315, 4206, 4207 |
| District of Columbia | Simply being drunk in public is not treated as a crime in D.C.: a person who is intoxicated in public but not endangering anyone or any property is handled under the public health chapter, which allows the person to be taken home, to a health facility, or to a detoxification center. It is a misdemeanor to be intoxicated (on public or private property) and endanger the safety of yourself, another person or property, and also to drink or carry an open container of alcohol on a street, sidewalk, park, in a vehicle, or in other listed places; the penalty is a fine (up to $500) and up to 60 days in jail, or both. D.C. Code §§ 25-1001(c)-(e), 24-604, 22-3571.01 |
| Florida | Florida does not punish simply being drunk in public; the crime is disorderly intoxication. It applies when a person is intoxicated and endangers the safety of another person or property, or is intoxicated or drinks alcohol in a public place or on public transportation and causes a public disturbance. Disorderly intoxication is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. A person convicted three times in 12 months may be committed to treatment for up to 60 days, and an officer may take an intoxicated person home or to a health facility instead of jail. Fla. Stat. § 856.011; Fla. Stat. §§ 775.082, 775.083 |
| Georgia | Public drunkenness is a crime in Georgia. A person who is intoxicated in a public place, or on the grounds of someone else's private residence without the owner's or lawful occupant's invitation, commits a misdemeanor (up to $1,000.00 and up to 12 months in jail (§ 17-10-3)) when the intoxication is 'made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.' Counties and cities may also pass their own ordinances against drunkenness and disorderly conduct. O.C.G.A. §§ 16-11-41; 17-10-3 |
| Idaho | Idaho state law does not make simply being drunk in public a crime. The legislature's declared policy is that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs, but should instead be offered treatment. Conduct while drunk can still be charged under other laws, such as disturbing the peace or impaired driving. Idaho Code § 39-301 |
| Illinois | Being drunk in public is not a crime in Illinois. State law says no county, municipality or political subdivision may adopt or enforce any law that includes being intoxicated as the sole basis of the offense. Laws against driving under the influence, operating boats, aircraft or machinery while impaired, and rules about where, when or by whom alcohol or drugs may be sold, bought or used are not affected. 20 ILCS 301/55-15 (Substance Use Disorder Act) |
| Indiana | Being drunk in public is a crime in Indiana only if something more happens. It is a Class B misdemeanor (up to 180 days and $1,000) to be in a public place or place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance if the person endangers their own life, endangers another person's life, breaches the peace or is in imminent danger of breaching the peace, or harasses, annoys or alarms another person. Indiana's appeals court has explained that the legislature added these elements so that something more than mere intoxication is required, and that actual endangerment, not speculation about what might happen, must be shown. Ind. Code § 7.1-5-1-3(a) |
| Iowa | Being intoxicated in a public place is a crime in Iowa, as is pretending to be intoxicated in public, drinking on public streets or highways, and drinking liquor in a public place other than licensed premises. Each is a simple misdemeanor (fine of $105 to $855 and up to 30 days). A person arrested for public intoxication must be told they may get a chemical test at their own expense. Two years after conviction, a person with no other criminal convictions (other than local traffic or simple misdemeanor traffic violations) during that time may petition, and the conviction shall be expunged. Iowa Code §§ 123.46(2)-(4), (6); 903.1 (Iowa Code 2026) |
| Kansas | Being drunk in public is not a state crime in Kansas, and cities and counties are barred from making it one. State law says no county or city shall adopt any law, ordinance, resolution or regulation that makes public intoxication by alcohol in and of itself, being a common drunkard, or being found intoxicated in listed places an offense or subject to criminal penalties. Laws against drunk driving and similar offenses involving operating vehicles, machinery or other hazardous equipment are not affected. K.S.A. 65-4059 |
| Kentucky | Kentucky has two offenses. Alcohol intoxication is appearing in a public place manifestly under the influence of alcohol to the degree that the person may endanger themselves, others or property, or unreasonably annoy people nearby; drinking alcohol in a public place is a separate offense. For a first or second offense each carries a fine of not less than $25; a third or later offense within 12 months carries a fine of $25 to $100, or 5 to 90 days in county jail, or both, and the court may order a treatment or education program. Public intoxication from a controlled substance or other non-alcohol intoxicant (or alcohol combined with one) is a Class B misdemeanor (up to 90 days). KRS 222.202, 222.990(3)-(5), 525.100 |
| Louisiana | Louisiana's Criminal Code has no stand-alone public drunkenness crime; instead, 'appearing in an intoxicated condition' in a manner that would foreseeably disturb or alarm the public is one of the listed forms of disturbing the peace. That is punishable by a fine of not more than one hundred dollars, imprisonment for not more than ninety days, or both. La. R.S. 14:103(A)(3), (B)(1) |
| Maryland | Simply being drunk in public is not, by itself, the offense; Maryland's 'disorderly intoxication' law makes it a crime to be intoxicated and endanger the safety of another person or property, or to be intoxicated or drink an alcoholic beverage in a public place and cause a public disturbance. It is a misdemeanor punishable by imprisonment not exceeding 90 days, a fine not exceeding $100, or both. Md. Code, Alc. Bev. & Cannabis § 6-320 |
| Massachusetts | Massachusetts handles public drunkenness through protective custody rather than arrest. A police officer may help an incapacitated (intoxicated) person, with or without consent, to their home, a treatment facility, or a police station, where the person may be held in protective custody until no longer incapacitated or for no longer than twelve hours, whichever is shorter. A person assisted or held in protective custody under this law is not considered to have been arrested or charged with any crime, and the custody entry is not treated as an arrest or criminal record. M.G.L. c. 111B, § 8 |
| Michigan | Being drunk in public is a crime in Michigan only when the person is intoxicated in a public place and is either directly endangering the safety of another person or property or acting in a manner that causes a public disturbance; such a person is a 'disorderly person.' Being a disorderly person is a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $500, or both. MCL 750.167(1)(e); MCL 750.168(1) |
| Minnesota | Public drunkenness is not a crime in Minnesota: by statute, no person may be charged with or convicted of the offense of drunkenness or public drunkenness. An intoxicated person can still be prosecuted for other offenses (such as disorderly conduct) and remains civilly liable for injuries caused while intoxicated. Minn. Stat. § 340A.902 |
| Mississippi | Being drunk in any public place in the presence of two or more persons is a crime in Mississippi (the same section covers profane or vulgar language in public), punished by a fine of not more than $100, up to 30 days in county jail, or both (§ 97-29-47). Miss. Code Ann. § 97-29-47 |
| Missouri | Being drunk in public is not something Missouri counties or cities may punish: no county or municipality 'may adopt or enforce a law, rule or ordinance which authorizes or requires arrest or punishment for public intoxication or being a common or habitual drunkard or alcoholic' (§ 67.305). Instead, a peace officer may take a person who appears intoxicated or incapacitated to the person's home, a treatment service or another appropriate local facility (which may include a jail if necessary) for custody of up to twelve hours (§ 67.315). Drunk driving and other crimes committed while intoxicated can still be charged (§ 67.310). RSMo §§ 67.305, 67.310, 67.315 |
| Montana | Being drunk in public is not a crime under Montana local law: a county, city or other political subdivision 'may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.' Drunk driving and laws on the sale, possession or use of alcohol at stated times and places or by particular persons are not affected. MCA § 53-24-106 |
| Nebraska | Being drunk in public cannot be punished under local law in Nebraska: 'No county, municipality, or other political subdivision may adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction,' and local governments may not use general laws to get around this. Neb. Rev. Stat. § 53-1,119 |
| Nevada | Being drunk in public is not a crime in Nevada. 'The use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not' public offenses, may not be treated as such in any county, city or town ordinance, and are not elements of an offense carrying a criminal penalty or civil sanction. Exceptions include offenses where a specific statute makes intoxication an element, such as DUI and boating-under-the-influence offenses, and intoxication is not an excuse for any criminal act. NRS 458.260 |
| New Hampshire | Being drunk in public is not a crime under New Hampshire local law: 'No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty' (RSA 172-B:4, I). Instead, a peace officer may take an intoxicated person into protective custody and help the person home or to treatment, release the person to a responsible adult, or hold the person in a local jail for up to 24 hours or until sober; this protective custody 'is not an arrest' (RSA 172-B:3). Drunk-driving and alcohol-possession laws still apply (RSA 172-B:4, II). RSA 172-B:3, 172-B:4 |
| New Jersey | Being drunk in public is not an offense in New Jersey. State law forbids any county, municipality or other political subdivision from adopting any law or ordinance 'rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind.' Laws against drunk driving and similar offenses involving operating vehicles or hazardous equipment are not affected. Disruptive behavior while drunk can still be charged under other laws such as disorderly conduct. N.J.S.A. 26:2B-26 |
| New Mexico | Being drunk in public is not a crime in New Mexico. State policy is that intoxicated and incapacitated persons 'may not be subjected to criminal prosecution, but rather should be afforded protection' and treatment (§ 43-2-3), and no county, municipality or other political subdivision may adopt or enforce a local law that makes drinking, being a common drunkard or being found in an intoxicated condition an element of an offense carrying a criminal or civil penalty (§ 43-2-4; laws on DUI and on the sale, purchase or use of alcohol at stated times and places are not affected). Instead, an intoxicated person who, for example, is disorderly in a public place or unable to care for their own safety may be taken into protective custody at a treatment facility; this is not an arrest or a criminal record, and the person generally may not be held more than seventy-two hours without a court petition (§ 43-2-8). Disorderly conduct while intoxicated can still be charged under the disorderly conduct statute. NMSA 1978, §§ 43-2-3, 43-2-4, 43-2-8 (Detoxification Reform Act) |
| New York | New York's Penal Law offense for being intoxicated in public is limited to drugs: 'appearance in public under the influence of narcotics or a drug other than alcohol' — appearing in a public place under the influence to the degree that the person may endanger themselves, others or property, or annoy people nearby. It is a violation (up to 15 days and a fine up to $250), not a crime. Being drunk on alcohol in public is excluded from this offense; disruptive behavior can still be charged as disorderly conduct. N.Y. Penal Law §§ 240.40, 70.15(4), 80.05(4) |
| North Carolina | Simply being drunk in public is not a crime: 'No person may be prosecuted solely for being intoxicated in a public place,' and an intoxicated person who is not disruptive may be assisted to a shelter or care facility. Being intoxicated and disruptive in public — blocking traffic or a sidewalk or building entrance, fighting or challenging others to fight, cursing or shouting at others, or begging — is a Class 3 misdemeanor (1-10 days with no priors, up to 1-20 days, and a fine up to $200; a person with no more than three prior convictions receives a fine only). Alcoholism is a defense to that charge, and the judge must consider it even if the defendant does not raise it. N.C. Gen. Stat. §§ 14-447, 14-444, 14-445, 15A-1340.23 |
| North Dakota | Public intoxication is not a crime in North Dakota; the former 'public intoxication - penalty' section was 'Repealed by S.L. 1969, ch. 91, § 5.' Instead, a peace officer may take an apparently intoxicated person (alcohol, drugs or controlled substances) home, to a hospital, or to a detoxification center, or to jail only if the person is a danger to themselves or others; an intoxicated person may not be held in jail because of intoxication more than twenty-four hours. N.D.C.C. §§ 5-01-05 (repealed), 5-01-05.1 |
| Ohio | Being drunk in public is not itself an offense, but Ohio's disorderly conduct statute covers conduct while voluntarily intoxicated: in a public place or in front of two or more people, engaging in conduct likely to be offensive or to cause inconvenience, annoyance or alarm, or creating a risk of physical harm to oneself, another, or another's property. It is a minor misdemeanor (a fine of up to $150, no jail), or a misdemeanor of the fourth degree (up to 30 days and a $250 fine) if the person persists after a warning or has three or more prior convictions for intoxicated disorderly conduct. Appearing intoxicated to an ordinary observer is probable cause that the person is voluntarily intoxicated. R.C. 2917.11(B), (D), (E); R.C. 2929.14, 2929.18, 2929.24, 2929.28 |
| Oklahoma | Being drunk in public is a crime in Oklahoma. A person who disturbs the peace of any person by being drunk or intoxicated on any public or private road, in a public place or building, on public transportation or at a public gathering (or by drinking or using intoxicating substances in such places unless the alcohol law allows it) is guilty of a misdemeanor, punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not less than five (5) days nor more than thirty (30) days, or both. 37A O.S. § 6-101(D) |
| Oregon | Oregon treats public drunkenness as a health matter rather than a crime. A police officer may send a person who is intoxicated in public home or take the person to a sobering facility or other appropriate facility, and must do so if the person is incapacitated or in danger. Cities and counties are barred from adopting or enforcing any local law that makes public intoxication, public drinking (except where drinking is generally prohibited), or drunk and disorderly conduct an offense or the subject of criminal or civil penalties. Driving under the influence remains a crime. ORS 430.399(1), 430.402 |
| Pennsylvania | Public drunkenness is a summary offense in Pennsylvania. A person commits it by appearing in any public place manifestly under the influence of alcohol or a controlled substance (other than drugs lawfully prescribed) to the degree that the person may endanger himself or others or property, or annoy people nearby. The fine is not more than $500 for a first violation and not more than $1,000 for a second and each later violation; a summary offense carries up to 90 days in jail. 18 Pa.C.S. §§ 5505, 1105 |
| Rhode Island | Public intoxication is not a crime in Rhode Island. State law says neither the state nor any city or town may adopt or enforce any law or ordinance that makes drinking, being a common drunkard, or being found in an intoxicated condition an element of an offense carrying a criminal or civil penalty. This does not affect laws against drunk driving or operating boats, aircraft or machinery while impaired, or rules on the sale, possession or use of alcohol at stated times and places or by particular groups (such as minors). R.I. Gen. Laws § 23-1.10-16 |
| South Carolina | Being drunk in public is a crime in South Carolina, charged as public disorderly conduct. A person found on any highway or at any public place or gathering in a grossly intoxicated condition is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars or up to thirty days in jail. A first-time offender may be given a conditional discharge (probation, possibly with treatment, without a judgment of guilt) with the solicitor's approval; completing it leads to dismissal without a conviction. S.C. Code § 16-17-530(A)(1), (B) |
| South Dakota | South Dakota handles public drunkenness through protective custody rather than arrest. A person who appears intoxicated or incapacitated by alcohol or drugs and is clearly dangerous to themselves or others may be taken into protective custody by police and brought to an approved treatment facility for detoxification (or, if none is available, to an emergency medical service or jail only until no longer intoxicated). The statute says protective custody is not an arrest, and no record may be made indicating the person was arrested or charged with a crime. SDCL 34-20A-55, 34-20A-56 |
| Tennessee | Public intoxication is a crime in Tennessee. A person commits it by appearing in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that the person may be endangered, there is endangerment to other persons or property, or the person unreasonably annoys people in the vicinity. It is a Class C misdemeanor (up to 30 days and/or a $50 fine). Tenn. Code Ann. §§ 39-17-310; 40-35-111(e)(3) |
| Texas | Public intoxication is a crime in Texas: appearing in a public place while intoxicated to the degree that you may endanger yourself or another. Bars and other premises licensed under the Alcoholic Beverage Code count as public places. It is a Class C misdemeanor (fine up to $500); a person under 21 is punished under the Alcoholic Beverage Code's minor-offense rules instead. Tex. Penal Code §§ 49.02(a), (a-1), (c), (e); 12.23 |
| Utah | Public intoxication is a crime in Utah: being under the influence of alcohol, a controlled substance or toxic vapors, in a public place (or in a private place where you could unreasonably disturb others), to a degree that may endanger yourself or someone else. It is a class C misdemeanor (up to 90 days and a $750 fine). Police may release the person or take them to a detoxification center instead of jail; for people under 21 the court may (or for a repeat violation must) order screening and education or treatment, and must suspend the driving privileges of 18- to 20-year-olds. Utah Code §§ 76-9-110(2)-(6); 76-3-204; 76-3-301 |
| Vermont | Public intoxication is not a crime in Vermont. State policy is that alcoholics and alcohol abusers shall no longer be criminally prosecuted solely for drinking or related behavior that does not directly harm the public or property. A police officer may help an intoxicated person (with consent) get home or to treatment, and must take a person who is incapacitated by alcohol or drugs into protective custody and to a treatment program or hospital; protective custody is not an arrest. 18 V.S.A. §§ 4801, 4810 |
| Virginia | Being intoxicated in public, from alcohol or any drug, is a crime in Virginia: a Class 4 misdemeanor, punishable by a fine of up to $250 (no jail). Where a court-approved detoxification center exists, police may take the person there instead of arresting them, but no one may be held there involuntarily. Va. Code §§ 18.2-388; 18.2-11(d) |
| Washington | Washington does not treat being drunk in public as a crime at the local level: no county or city may adopt or enforce a law that makes drinking, having a substance use disorder, or being found intoxicated an element of a criminal or civil offense, and they may not use general laws to get around this. Laws against impaired driving and rules on where, when and by whom alcohol may be sold, possessed or used still apply. RCW 71.24.575 |
| West Virginia | Being drunk in public is a crime in West Virginia: appearing in a public place in an intoxicated condition is a misdemeanor, and so is drinking alcoholic liquor in a public place. A first public-intoxication offense is punished by a fine of $5 to $100, and before conviction the person may agree to attend an alcohol education program of up to six hours, after which the judge may dismiss the charge. A second offense adds either up to 60 days in jail or at least five hours of alcoholism counseling, and a third or later offense adds 5 to 60 days in jail or at least five hours of counseling. Drinking in public is a $5 to $100 fine for a first conviction; later convictions can add up to 60 days in jail. W. Va. Code § 60-6-9(a), (e), (g) |
| Wisconsin | Being drunk in public is not itself a crime under Wisconsin state law. The state's Alcoholism, Drug Dependence, and Intoxication Treatment Act declares that intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcohol beverages or other drugs, and should instead receive treatment. An officer may help a person who appears intoxicated in a public place to get home or to a treatment or health facility if the person consents, and a person who appears incapacitated by alcohol or another drug is placed in protective custody and taken for emergency treatment. Conduct while drunk can still be charged under other laws (for example disorderly conduct), since the act does not affect laws punishable by fine, forfeiture or imprisonment. Wis. Stat. § 51.45(1), (11)(a)-(b), (17)(a) |
| Wyoming | Wyoming's state criminal code (Title 6) contains no offense of public intoxication. The alcohol-code section whose heading still mentions 'public drunkenness' (W.S. 12-6-101) now deals with furnishing alcohol to, and possession or consumption by, people under 21; its subsection (b) was repealed by Laws 2010, ch. 6, § 2. Drunken behavior that disturbs others can still be charged as breach of the peace (W.S. 6-6-102). W.S. 12-6-101; W.S. 6-6-102 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.