When someone is under the influence of an intoxicating substance, causing a disturbance or harming themselves/others, and is in a public location, they may be charged with public intoxication. There are several long-term effects associated with this charge, many of which complicate the recovery process for people with substance use disorder. Harm reduction techniques are recommended to ensure well-being and minimize legal implications for individuals in recovery.
- Public intoxication is a legal charge that involves: being under the influence of an intoxicating substance, causing a disturbance or harming themselves/someone else/property, and being in a public location.
- Public intoxication laws vary across states and even counties. A similar trend exists with public intoxication consequences, though people charged most often face a fine.
- In addition to legislative changes, more widespread substance use disorder education and harm reduction programming can more appropriately support those with SUD.
Public intoxication: Legal definition and scope
In order to be charged with public intoxication, law enforcement must determine that the situation meets specific legal criteria related to: [1]
- Intoxication: Be under the influence of a controlled substance, illegal drug, alcohol, or another intoxicating substance.
- Public location: Such as the street, sidewalk, park, or a stadium.
- Harmful behavior: Harm themselves, property, or other people, or cause a disturbance.
How laws vary by state
While these aspects of a public intoxication charge are fixed, details related to these criteria vary from state to state. For example, some states include bars and restaurants as part of this category, while others do not. [1]Certain states will charge someone with public intoxication if they are under the influence while on private property without the owner’s permission, particularly if their behavior creates a disturbance or safety concern.
In some jurisdictions, a charge may also be based on observable signs of intoxication combined with disruptive, unsafe, or concerning behavior, even if chemical testing is not performed. This typically relies on officer or witness observations rather than intoxication alone.
This can occur because state requirements tend to be flexible in how someone proves a person is intoxicated. In some cases, officer and witness testimonies may serve as substitutes for physical evidence such as blood alcohol tests. Furthermore, ‘disturbance’ is a very general term that can encompass a variety of behaviors, including swearing or blocking public pathways such as sidewalks. [1]
Some states - including Wisconsin, Minnesota, Nevada, Montana, and Missouri – have decriminalized public intoxication. [2][4][5] However, someone may still be at risk of receiving a charge such as disorderly conduct, which involves some of the same criteria as public intoxication.
These cases can be even more complex when looking at individual jurisdictions. For example, the state of Minnesota does not have any public intoxication laws, though some of its counties have statutes outlawing public intoxication. [3]
Penalties and long-term consequences
Just as there are variations in legislation between counties and states, penalties for public intoxication also differ. Public intoxication is considered a misdemeanor and not a felony, though someone may be charged with felonies for related crimes such as driving under the influence (DUI) or driving while intoxicated (DWI). [6]
The exact penalties associated with public intoxication depend on several factors, including a person’s criminal record. However, individuals charged with public intoxication most often receive a fine (also called an infraction or a violation), which can range from $100 to $1,000. [6][1] Other consequences may include a jail (or prison) sentence, mandated alcohol or substance use education courses, parole, probation, and/or receiving a mark on their criminal record.
Also read: DUI Record Expungement
What to do if you're charged
It is within your rights to obtain a lawyer if you are arrested for public intoxication (or another charge). If you cannot afford to hire a lawyer, you have a right to a government-appointed lawyer called a public defender. You are not required to make any statements to law enforcement officers without a lawyer present.
With the help of a lawyer, you can formulate one of several defenses in response to public intoxication charges. Some people present proof they did not meet the criteria for public intoxication – either by showing they were on private property, not harming or disrupting anyone, or not actually being intoxicated at the time of their arrest. [6]
Other responses to this charge include proving that public intoxication is not a recognized offense in the area at the time of your arrest. If your arrest was due to a case of mistaken identity, you may also offer evidence that law enforcement arrested the wrong person altogether. [1]
Can a public intoxication charge be dismissed or expunged?
In the event these claims are proven to be false (using testimony, physical proof, and other forms of evidence), it is possible that your public intoxication charges will be dropped or reduced. However, it can be difficult to do this, especially without the help of a criminal lawyer who has experience in handling these cases. [6]Â
If a judge mandates you to a treatment program for alcohol or substance use and you complete this program without incident, this may allow for the charges to be dropped. [7] However, every situation is different, so it can be difficult to predict how cases will turn out.
Recovery and substance use disorder context
Historically, behaviors associated with public intoxication tend to be viewed from socioeconomic and criminal justice lenses rather than from a medical or behavioral health perspective. This is evidenced by the use of urban renewal funding to increase sober housing and alcohol treatment facilities following World War II. [8][9]
While some states have decriminalized public intoxication, there are still many strides to be made in this area. To make more widespread, effective changes, policymakers and law enforcement officials need to be educated on substance use disorder diagnosis and treatment.Â
It is also important for these individuals to understand how public intoxication charges can complicate the recovery process for people with SUD and even restrict their access to treatment.
Where to get legal and recovery support
If you are living with a substance use disorder and dealing with the effects of a public intoxication charge, it is important to contact a qualified lawyer. They can help you gather evidence that adds context to your case and demonstrates the treatment you have received thus far, as well as work with the judge to help you continue your recovery process.
For additional recovery support, you can also seek out sobering centers. These are supervised facilities that take individuals in for between 4 and 12 hours as acute intoxication subsides. Due to the level of oversight they provide, sobering centers are safe options for individuals who have relapsed or are beginning the process of recovery. Sobering centers offer more targeted support for individuals who are detoxing than jails, emergency rooms, drop-in clinics, and other alternatives.
How to reduce risk in public settings
There are various other harm reduction strategies that can assist individuals with SUD in avoiding public intoxication charges. Users of injectable drugs should receive education on injection centers and needle exchange programs to allow for safe public use and prevent complications.Â
Some peer support groups are designed using harm reduction principles, meaning people may join no matter where they are in the treatment process. This includes people who are looking to decrease their use or lessen the negative effects of substances.Â
Managed alcohol programs are another example of harm reduction infrastructure for unhoused individuals who consume substances, as they offer temporary housing and small doses of alcohol to prevent withdrawal and reduce the risk of arrest. Similarly, some cities have designated driver programs (some free and some for-profit) that encourage safe transportation for intoxicated individuals who are in public places.
-guide-detail.jpg?v=1722501633)