Curious about public intoxication laws in the United States? Well, they’re as diverse as the cultural viewpoints across states. These regulations aim to curb disturbances caused by intoxicated individuals in public spaces, ensuring order and civility.
In this article, we’ll take you on a guided tour of public intoxication laws, state by state.
Get ready to explore unique approaches and penalties associated with this offense—the perplexing world of public intoxication laws awaits!
Public Intoxication Laws by State
Here is a list of states and their corresponding public intoxication laws. This information may help you understand the various regulations in different areas.
1. Alabama
In Alabama, it is against the state law to be publicly intoxicated. It means being under the influence of alcohol or drugs in a public place and posing a risk to oneself or others.
If you are caught for the first time, you could face penalties such as a fine of up to $200 and imprisonment for a maximum of 30 days.
2. Alaska
In Alaska, people who are publicly intoxicated do not face criminal charges. Instead, law enforcement officers are obligated to escort them to a treatment facility for assistance and support.
3. Arizona
In Arizona, there is no specific law against public intoxication. However, individuals can face charges for related offenses like DUI or disorderly conduct. Disorderly conduct refers to disruptive behavior in public spaces, including being intoxicated and causing disturbances.
It is considered a misdemeanor in Arizona, punishable by a fine of up to $2,500 and a potential jail term of six months.
4. Arkansas
Did you know that public intoxication is considered a misdemeanor offense in Arkansas? It means that if you’re found intoxicated in a public place and posing a threat to yourself or others, you could face legal consequences.
For a first offense, the penalties may range from a fine of up to $100 to potentially serving up to 30 days in jail.
5. California
In California, committing public intoxication is considered a misdemeanor which is a relatively minor offense.
It entails being under the influence of alcohol or drugs while in a public place and being unable to take adequate care for either one’s safety or the well-being of others around them.
If convicted on your first offense, you may be subjected to various penalties such as fines amounting to $1,000 and potentially serving a jail sentence lasting for six months.
6. Colorado
In Colorado, did you know that public intoxication does not result in criminal or civil penalties? Surprisingly, state law prohibits the implementation of local regulations aimed at penalizing public intoxication.
However, to ensure the well-being of those under the influence, patrols are trained to offer assistance to individuals who are intoxicated or incapacitated. This approach prioritizes support and care over punishment.
7. Connecticut
Connecticut lacks a specific law that directly prohibits public intoxication. However, individuals can still face legal consequences through charges related to disorderly conduct or driving under the influence (DUI).
Disorderly conduct refers to engaging in disruptive behavior while being visibly intoxicated and causing disturbances in public locations.
In the state of Connecticut, disorderly conduct is classified as a misdemeanor offense and can lead to penalties including fines up to $1,000 and imprisonment for a maximum of six months.
8. Delaware
In Delaware, public intoxication is considered a violation. However, if an individual has been previously convicted of public intoxication twice within one year, the offense becomes more serious.
Public intoxication is defined as visibly appearing under the influence of alcohol, narcotics, or any other substances in a public place to an extent that may endanger oneself or others.
While being drunk itself is not a crime in Delaware, being intoxicated in public is against the law due to potential risks posed to individuals and public safety.
If you ever find yourself involved in public intoxication in Delaware, it is essential for you to comprehend the potential legal consequences. These could entail a two-month jail sentence or facing other legal actions.
To avoid such issues, individuals like yourself need to be fully aware of and adhere to the laws regarding public intoxication.
9. Florida
In Florida, public intoxication is not considered a criminal offense. However, engaging in disorderly conduct can be deemed as a criminal offense if one is intoxicated and causing disturbances in public.
For a first offense of disorderly conduct, the penalties may include fines up to $1,000 and a maximum jail sentence of one year.
10. Georgia
In Georgia, if you are found publicly intoxicated, it is considered an offense. Public intoxication refers to being under the influence of alcohol or drugs to a degree where there is reasonable suspicion that you pose a danger to yourself or others.
A first offense can result in fines of up to $1,000 and imprisonment for up to one year.
11. Hawaii
Did you know that Hawaii has specific laws in place to prevent public intoxication? If someone becomes intoxicated to the point where they pose a danger to themselves or others in a public area, they may be charged under Hawaii Revised Statutes Section 291-3.
The consequences for a first offense can include up to $1,000 in fines and up to 30 days of imprisonment. For a second offense within one year, individuals can face fines of up to $2,000 and serve up to six months behind bars.
12. Idaho
If you find yourself in Idaho and happen to be publicly intoxicated, it’s vital to know the laws surrounding this offense. While public intoxication is considered a crime in Idaho, there are certain circumstances where the authorities may handle the situation differently.
For instance, if your intoxication is suspected to be caused by alcohol rather than illegal drugs, local law enforcement has the option to provide you with a ride home instead of making an arrest. These specific regulations can be found in Title 18 of the Idaho Code.
13. Illinois
Illinois does not consider public intoxication as a crime. However, it can lead to various other potential offenses. In this state, disorderly conduct is considered a criminal offense.
If an individual causes disturbance while intoxicated in public, they can be charged with disorderly conduct. For a first offense, the penalties may include a fine of up to $2,500 and imprisonment for up to one year.
14. Indiana
If you find yourself in Indiana, it’s critical to know that public intoxication is considered a misdemeanor offense.
It means that if you are in a public place and appear intoxicated to the point where you could potentially harm yourself or others or cause annoyance or harassment, you may face legal consequences.
For a first offense, penalties can include a fine of up to $500 and a maximum jail term of 180 days. It’s crucial to be aware of these laws and conduct oneself responsibly while in public spaces.
15. Iowa
In Iowa, public intoxication is considered a simple misdemeanor offense. It occurs when someone is found in a public place while under the influence to the point where they may put themselves or others at risk or cause annoyance or disturbance.
For a first offense, penalties can include a fine of up to $500 and up to 30 days of imprisonment.
16. Kansas
In Kansas, public intoxication is considered a misdemeanor offense. This offense is defined as being under the influence of alcohol or drugs while in a public place and posing a risk to oneself or others.
If convicted for the first time, individuals may face penalties such as a fine of up to $100 and imprisonment for a maximum of six months.
17. Kentucky
In Kentucky, committing public intoxication is considered a crime. If an individual appears in a public place clearly under the influence of alcohol to the extent that they could potentially endanger themselves or others, they can be held accountable for alcohol intoxication.
Similarly, if someone manifests noticeable signs of being under the influence of a controlled substance or other intoxicating substance in a public setting, it also counts as public intoxication.
In Kentucky, this offense is classified as a Class B misdemeanor and carries penalties such as fines up to $250 and potential imprisonment for up to 90 days.
18. Louisiana
In Louisiana, if someone is found intoxicated in a public place and poses a risk to themselves or others due to alcohol or drug consumption, it is considered a misdemeanor offense.
The consequences for the first offense may involve facing a fine of up to $100 and a potential maximum jail term of six months.
19. Maine
As per your parameters, here’s the improved version: Did you know that in Maine, there is no specific law against public intoxication? However, if someone is publicly intoxicated, they can still face charges for related offenses like disorderly conduct or DUI.
Disorderly conduct refers to engaging in disruptive behavior while being intoxicated and causing a disturbance in a public place. In Maine, this offense is considered a misdemeanor and can lead to fines of up to $1,000 with a maximum jail term of one year.
20. Maryland
Maryland has strict laws against public intoxication and consumption of alcohol in areas not designated for such purposes. Even if you are not operating a vehicle, it is prohibited to be intoxicated and poses a risk to others or their property.
Similarly, consuming alcoholic beverages in public places is also forbidden under Maryland Code 19-101. Public intoxication in this state is considered a misdemeanor offense and can lead to penalties including fines of up to $100 and imprisonment for up to 90 days.
21. Massachusetts
In Massachusetts, public intoxication is not deemed criminal. However, individuals who find themselves publicly intoxicated may still face legal consequences.
While the state does not explicitly prohibit public intoxication, those found in such a state can be temporarily detained under protective custody until they sober up; protective custody refers to the lawful detainment of individuals unable to care for themselves due to intoxication.
22. Michigan
In Michigan, public intoxication is not considered a crime according to explicit definitions. However, if you are found intoxicated in a public area and poses a threat to the safety of others or cause a disturbance, you may face legal consequences.
The potential penalties for public intoxication can include up to 90 days of imprisonment and/or a fine of $500.
23. Minnesota
In Minnesota, public intoxication is not considered a crime. However, if someone becomes intoxicated in public and either puts others or their property at risk or behaves disruptively, causing a disturbance to the public, they may face legal consequences.
Potential penalties for public intoxication can include a maximum of 90 days in jail and/or a fine of up to $1,000.
24. Mississippi
In Mississippi, public intoxication is considered a misdemeanor criminal offense. According to state law, this offense involves being under the influence of alcohol, drugs, or any other intoxicating substance in a public place or near a vehicle.
The behavior must pose a potential risk to oneself or others and cause annoyance to those nearby. For a first offense, individuals may face penalties such as fines reaching up to $100 and imprisonment for up to 30 days.
25. Missouri
In Missouri, public intoxication is not explicitly considered a crime. However, if someone becomes intoxicated in a public place and either poses a danger to the safety of others or property or causes disturbances that disrupt the peace, there may be legal consequences. The potential penalties for public intoxication include imprisonment for up to six months and/or a fine of $500.
Public intoxication in Missouri is not precisely prohibited. However, it’s crucial to note that individuals who are publicly intoxicated can still face charges related to their behavior.
Disorderly conduct and DWI are two examples of such offenses.
Disorderly conduct refers to engaging in disruptive behavior while intoxicated in public places, leading to disturbances. In Missouri, this offense is categorized as a misdemeanor, punishable by a fine of up to $1,000 and a potential jail term of one year.
On the other hand, DWI (driving while intoxicated) is considered a criminal offense within the state. Those convicted may face severe penalties, including fines reaching up to $5,000 and imprisonment for up to six months for a first offense.
26. Montana
In Montana, public intoxication is not considered a crime. However, individuals who are publicly intoxicated may still face legal consequences.
Although there is no specific law against public intoxication in Montana, those who are publicly intoxicated can be placed under protective custody until they sober up.
Protective custody involves temporarily detaining individuals who are intoxicated and unable to care for themselves.
27. Nebraska
In Nebraska, public intoxication is not explicitly considered a crime. However, if an officer encounters an intoxicated person in a public or quasi-public area, they are expected to make reasonable efforts to ensure the individual’s safe return home.
Violations of public intoxication laws following drug consumption generally do not have severe consequences unless deemed punishable. It should be noted that operating a motor vehicle while under the influence of intoxicating liquor is unlawful.
28. Nevada
Did you know that Nevada does not have a state public intoxication law? It means that individuals cannot face criminal penalties just for being intoxicated in public.
In addition, state law protects people from suffering any legal consequences solely based on being drunk in public. Moreover, it prevents local jurisdictions from creating their laws regarding criminal public intoxication.
29. New Hampshire
Are you thinking of visiting New Hampshire? It’s important to know that public intoxication isn’t significantly considered a crime in this state. However, if someone is publicly intoxicated and poses a threat to themselves or others, they may be placed in protective custody.
This legal term refers to the temporary detention of individuals who are intoxicated and incapable of taking care of themselves.
If you find yourself in New Hampshire and publicly intoxicated, it’s crucial to understand the legal implications. While public intoxication itself isn’t expressly prohibited, there are still potential consequences individuals might face.
In particular, if your behavior creates a disturbance while intoxicated in public, you could be charged with disorderly conduct—a criminal offense in New Hampshire. This misdemeanor offense carries penalties that include fines of up to $1,200 and a maximum jail term of one year.
30. New Jersey
If you are intoxicated in public in New Jersey, it’s vital to understand that it is not considered a crime. However, the police are there to help and can assist by ensuring your safe return home or directing you to an intoxication treatment center.
While being public intoxicated is not illegal, it’s crucial to note that disorderly conduct charges may arise as a potential consequence. These charges fall under petty disorderly persons offenses. It’s worth mentioning that legal consequences can still arise from public intoxication.
Therefore, exercising responsible alcohol consumption and maintaining appropriate behavior while out in public is recommended.
31. New Mexico
In New Mexico, public intoxication is not explicitly considered a crime. However, individuals who are visibly intoxicated in public and pose a threat to themselves or others can be placed under protective custody.
Protective custody refers to the temporary detainment of intoxicated individuals who are incapable of taking care of themselves.
In New Mexico, public intoxication is not explicitly prohibited. However, if individuals find themselves publicly intoxicated, they can still face legal consequences.
Disorderly conduct, considered a criminal offense in the state, may result in charges if the intoxicated person also causes disturbances. This offense is classified as a petty misdemeanor and carries potential penalties of up to $500 in fines and imprisonment for up to six months.
32. New York
In New York, public intoxication from drugs is considered a violation. If convicted, individuals may face up to 15 days in jail and a fine of up to $250. However, it’s important to note that public intoxication caused by alcohol is not a criminal offense in New York State.
Nevertheless, individuals who are publicly intoxicated can still encounter legal consequences. Behaving disorderly while drunk in public is considered a criminal offense known as disorderly conduct. This violation can result in fines of up to $250.
33. North Carolina
Did you know that public intoxication in North Carolina is not considered a crime?
However, if someone is publicly intoxicated and poses a danger to themselves or others, they can be taken into protective custody. Protective custody is a legal term used when individuals are too intoxicated to take care of themselves and need temporary detention for their safety.
It’s worth noting that in North Carolina, public intoxication is not explicitly prohibited. However, individuals who become publicly intoxicated can still face legal repercussions.
Disorderly conduct, a criminal offense in this state, may result in charges if someone causes a disturbance while intoxicated in public. Disorderly conduct falls under Class 3 misdemeanor and can lead to fines of up to $200.
34. North Dakota
If you get publicly intoxicated in North Dakota, it’s considered a criminal offense. For a first offense, you could face up to 180 days in prison and be fined $1,000.
However, it’s important to note that if you’re intoxicated, you can’t be jailed unless there is constant supervision from a jailer who can hear what’s going on and provide necessary medical services as needed.
Even though public intoxication is illegal in North Dakota, individuals caught in this situation can still seek help from law enforcement or emergency medical services.
35. Ohio
In Ohio, public intoxication is not considered a criminal offense according to state law. However, if someone appears visibly intoxicated and their behavior becomes disruptive or disorderly, law enforcement may intervene.
In such cases, they can be charged with disorderly conduct, which is a minor misdemeanor in Ohio carrying a potential fine of up to $150.
36. Oklahoma
In Oklahoma, being publicly intoxicated is considered a misdemeanor. It is against the law to consume or breathe in intoxicating substances within public areas.
The consequences for this offense may include a fine of up to $100 and a possible maximum jail term of 30 days. However, note that first-time offenders typically do not receive jail sentences.
37. Oregon
In Oregon, it is worth noting that public intoxication is not a crime. However, if someone becomes publicly intoxicated and their actions pose a threat to either themselves or others, they may be taken into protective custody.
Protective custody serves as a legal measure utilized to briefly detain individuals who are intoxicated and unable to ensure their well-being.
If someone becomes intoxicated in public, they should be aware that although public intoxication is not explicitly prohibited in Oregon, there are still potential legal consequences to consider.
In Oregon, disorderly conduct is considered a criminal offense and can be charged if the individual’s drunken behavior causes a disturbance in public.
Disorderly conduct falls under the classification of a Class B misdemeanor offense in Oregon, which means it carries penalties such as fines of up to $2,500 and imprisonment for up to six months.
38. Pennsylvania
In Pennsylvania, public intoxication is considered a summary offense. If an individual appears manifestly under the influence of alcohol or a controlled substance in any public place, they can be charged with this offense.
The punishment for public intoxication may include a fine of up to $500 for the first offense and up to $1,000 for subsequent offenses. Furthermore, being charged with public drunkenness is categorized as a non-traffic summary offense that can lead to imprisonment for a maximum of 90 days.
In this state, remember that public intoxication does not fall under the classification of a misdemeanor or felony charge.
39. Rhode Island
In Rhode Island, public intoxication isn’t explicitly considered a crime. However, if individuals who are publicly intoxicated pose a danger to themselves or others, they can be taken into protective custody.
Protective custody refers to the temporary detention of intoxicated individuals who cannot care for themselves. If you find yourself in Rhode Island and happen to be publicly intoxicated, it’s worth noting that although public intoxication isn’t explicitly prohibited, there are still legal consequences.
One such consequence is the potential charge of disorderly conduct, a criminal offense if one creates a disturbance while under the influence in public. In Rhode Island, disorderly conduct is considered a misdemeanor and can lead to a fine of up to $500 as well as a maximum jail sentence of six months.
40. South Carolina
In South Carolina, public intoxication is not explicitly considered a crime. However, if an individual is publicly intoxicated and poses a danger to themselves or others, they may be taken into protective custody.
It’s important to understand that even though public intoxication is not a crime in South Carolina, there can still be legal consequences for individuals who are publicly intoxicated.
On the other hand, driving under the influence (DUI) of intoxicating substances is indeed a criminal offense in South Carolina: the penalties for DUI range from fines and license suspension to potential imprisonment depending on the circumstances.
To avoid any legal issues, it is always advisable to drink responsibly and remain aware of your surroundings.
41. South Dakota
If you find yourself in South Dakota, it’s essential to remember that public intoxication is considered a criminal offense. When caught under this charge, individuals are typically subjected to two months in jail as punishment.
However, note that a drunk person will only be placed in jail if a jailer is often present within hearing distance and medical services are available when necessary. To avoid any legal repercussions altogether, it is always wise to consume alcohol responsibly and remain aware of your surroundings.
42. Tennessee
In Tennessee, public intoxication is categorized as a misdemeanor. If found guilty, one may face imprisonment for up to 30 days or a fine of up to $50. Nevertheless, it’s essential to bear in mind that merely being intoxicated in public is not considered a criminal offense according to the laws of Tennessee.
If you find yourself in Tennessee, it’s vital to remember that public intoxication is considered a criminal offense. However, don’t worry because law enforcement and emergency medical services are still available to assist individuals who may be publicly intoxicated.
43. Texas
In Texas, public intoxication is considered a minor offense. It occurs when someone is visibly under the influence of alcohol or drugs in a public area, and their behavior poses a potential health and safety hazard to themselves or others.
If found guilty for the first time, individuals can face up to six months in jail and charged with fines amounting to $500.
44. Utah
In Utah, did you know that classifies public intoxication as a Class C misdemeanor? If convicted, individuals may face a maximum penalty of up to $750 in fines and could be sentenced to serve up to 90 days in jail.
It’s worth knowing that public intoxication often involves allegations of disturbing others while under the influence of alcohol.
45. Vermont
Did you know that in Vermont, public intoxication is considered a criminal offense? However, things work a bit differently there. Vermont has decriminalized public intoxication and now treats it as a public health concern instead.
The main reason behind this unique approach is to ensure people don’t freeze to death during the harsh winter months. It’s worth highlighting that Vermont’s perspective on public intoxication sets it apart from other states.
46. Virginia
Virginia considers public intoxication a Class 4 violation. It means that if you are found intoxicated in public to an extent where it could endanger yourself or others or cause a disruption in the community, you may face penalties.
For a first offense, these penalties can include a fine of up to $250.
47. Washington
If someone is discovered intoxicated in Washington, they commit a criminal offense. If they are accountable for this infraction, the maximum consequences include 180 days of imprisonment and a $1,000 fine.
The specific laws and penalties associated with intoxication may differ based on the circumstances and location within Washington. It is crucial to acknowledge that these laws intend to prevent disturbances or inconveniences caused by individuals under the influence in public areas.
48. West Virginia
Are you aware that public intoxication in West Virginia is considered a misdemeanor criminal offense? Keep in mind that for a first offense, the punishment may involve a fine ranging from $5 to $100 and attendance of up to six hours in an alcohol education program.
One key point to remember is that an individual must be in a public place for the charge of public intoxication to hold true in West Virginia.
49. Wisconsin
Wisconsin lacks a state law specifically addressing public intoxication situations. However, local municipalities have the authority to enact city ordinances that prohibit such behavior in public spaces.
Notably, in Milwaukee, while public intoxication is not illegal, consuming alcoholic beverages in public is against the law.
50. Wyoming
Did you know that public intoxication is considered a criminal offense in Wyoming? For a first offense, the punishment can involve up to two months in jail. However, it’s essential to remember that the consequences for such charges may vary in different parts of Wyoming.
Some areas impose fines and community service instead. An interesting fact is that in 2019, the average blood alcohol concentration (BAC) for public intoxication arrests in Wyoming was nearly three times the presumptive level for impairment.
Bonus Tip
Let me provide you with a helpful summary, ranging from the most stringent to the least strict regulations.
Among all the 50 states in America, the most strict public intoxication law is applied in Vermont, Wyoming, South Dakota, Oklahoma, Tennessee, and Washington.
Getting caught disrupting public peace while drunk in these places would cause up to two months of jail time in Vermont, Wyoming, and South Dakota. Meanwhile, Oklahoma and Washington punish offenders for up to 5 months with a $1,000 fine. The least among these strict states is Tennessee, where offenders can be in jail for only 30 days with a $50 fine.
Whether a day, 30 days, or months, being locked up should never be anyone’s option as an aftermath of having fun drinks.
If you plan to enjoy a night of revelry across America, it is advisable to engage in bar hopping within the state of New York. This state boasts the least stringent public intoxication laws among all states, ensuring a safer experience.
In New York, you can freely consume alcohol in the streets without facing any criminal offense. However, if you combine drunkenness with drugs, you are likely to face a 15-day imprisonment and a fine of $250. It is according to the city’s regulations on public intoxication.
Therefore, it is essential to approach drinking responsibly and wisely. If you have plans to explore America and indulge in exquisite beverages, it would be advisable to confine your experience to New York.
Alternatively, bear in mind the stringent public intoxication laws enforced in states with stricter regulations.
Conclusion
Do you know the public intoxication laws in the United States you are about to travel to? They reflect different cultural views on the matter. Some states treat public intoxication as a crime, imposing fines, jail time, probation, or community service.
Others take a harm-reduction approach and focus on helping intoxicated individuals. Understanding these laws and penalties is crucial to comply with them and avoid legal consequences.
When it comes to indulging in a drink or two, always prioritize responsible enjoyment and remain attentive to your surroundings.
So, the next time you find yourself out and about, take a moment to appreciate the complexity of public intoxication laws while keeping in mind the importance of drinking responsibly and following the laws of your location.
Cheers!
I am a passionate beer connoisseur with a deep appreciation for the art and science of brewing. With years of experience tasting and evaluating various beers, I love to share my opinions and insights with others and I am always eager to engage in lively discussions about my favorite beverage.
