When you think about the legal risks of drinking too much, drunk driving is usually the first thing that comes to mind. But what about simply being drunk in public? Or walking while drunk? The answer to whether that’s illegal depends entirely on where in the U.S. you are.
There is no federal law against public intoxication in the United States. That means the rules are set entirely at the state level, and in some cases at the city or county level. In some states, being drunk in public is a criminal offense that can result in jail time. In others, it is perfectly legal. And in many states, it falls somewhere in between.
Understanding where your state falls on that spectrum matters. Even where public intoxication is not a crime, other laws, like disorderly conduct statutes, can still result in arrest if your behavior crosses certain lines.
Note: The information on this page is intended for general informational purposes only and does not constitute legal advice. Laws change frequently and vary by municipality. Consult a qualified attorney for guidance specific to your situation.
| State | Status of the law | Max fine | Max jail |
|---|---|---|---|
| Alabama | Public intoxication is a crime. Charged as a violation. | $200 | 30 days |
| Alaska | Not a crime. Police can hold an intoxicated person in protective custody for up to 12 hours, but no charges are filed. | None | 12 hr custody |
| Arizona | Being drunk in public is not itself a crime — and cities cannot make it one. However, drinking alcohol in public is a Class 2 misdemeanor. | $750 | 4 months |
| Arkansas | Public intoxication is a crime. Class C misdemeanor. | $500 | 30 days |
| California | Public intoxication is a crime. Misdemeanor under Penal Code § 647(f). | $1,000 | 6 months |
| Colorado | Not a crime. The state treats intoxication as a health issue rather than a criminal offense. | None | None |
| Connecticut | Not a crime. The old public intoxication law was repealed; intoxication is now handled as a health matter. | None | None |
| Delaware | Public intoxication is a crime. Charged as a violation or unclassified misdemeanor depending on circumstances. | $345 / $575 | 0 / 30 days |
| Florida | Public intoxication is a crime. Second-degree misdemeanor. | $500 | 60 days |
| Georgia | Public intoxication is a crime. Misdemeanor. | $1,000 | 12 months |
| Hawaii | Being drunk in public is not itself a crime. However, if you’re disruptive while intoxicated, you can be charged with disorderly conduct. | $1,000 | 30 days |
| Idaho | Not a state crime, but cities and counties can pass their own public intoxication ordinances. | $1,000 | 6 months |
| Illinois | Not a crime anywhere in the state. The law also bars cities and counties from passing their own public intoxication ordinances. | None | None |
| Indiana | A crime if you’re drunk in public AND disruptive (endangering, harassing, or annoying others). Class B misdemeanor. | $1,000 | 180 days |
| Iowa | Public intoxication is a crime. Simple misdemeanor. | $855 | 30 days |
| Kansas | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication laws. | None | None |
| Kentucky | Public intoxication is a crime. Treated as a violation if alcohol is involved, or a Class B misdemeanor if drugs are involved. | $100 / $250 | 90 days |
| Louisiana | Charged as a crime under “disturbing the peace” when intoxication is involved. Misdemeanor. | $100 | 90 days |
| Maine | Being drunk in public is not itself a crime. However, if you’re disruptive while intoxicated, you can be charged with disorderly conduct (Class E crime). | $1,000 | 6 months |
| Maryland | A crime if you’re drunk and disorderly in public (“disorderly intoxication”). Misdemeanor. | $100 | 90 days |
| Massachusetts | Not a crime. Police may take an intoxicated person into protective custody for up to 12 hours, but no charges are filed. | None | 12 hr custody |
| Michigan | Being drunk alone is not a crime. But if you’re causing a disturbance, you can be charged with disorderly conduct. | $500 | 90 days |
| Minnesota | Not a crime. Intoxication is treated as a health issue under state law. | None | None |
| Mississippi | Public intoxication is a crime. Misdemeanor. | $100 | 30 days |
| Missouri | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. Police may hold an intoxicated person for up to 12 hours. | None | 12 hr custody |
| Montana | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. | None | None |
| Nebraska | Not a state crime. Police may hold an intoxicated person in protective custody for up to 24 hours. | None | 24 hr custody |
| Nevada | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. | None | None |
| New Hampshire | Not a crime. Police may hold an intoxicated person in protective custody for up to 24 hours. | None | 24 hr custody |
| New Jersey | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. | None | None |
| New Mexico | Not a crime. Police may hold an intoxicated person in protective custody for up to 72 hours. | None | 72 hr custody |
| New York | Not a crime. Police may take an intoxicated person to a treatment facility for up to 72 hours. | None | 72 hr |
| North Carolina | A crime only if you’re disruptive while intoxicated in public. Class 3 misdemeanor. | $200 | 20 days |
| North Dakota | Not a crime. Intoxication is treated as a health matter under state law. | None | None |
| Ohio | A crime if you’re drunk and disorderly in public. Minor misdemeanor (or higher if elevated). | $150 | 0 (30 if elevated) |
| Oklahoma | Public intoxication is a crime. Misdemeanor. | $100 | 30 days |
| Oregon | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. Police may hold an intoxicated person for up to 48 hours. | None | 48 hr custody |
| Pennsylvania | Public intoxication is a crime. Summary offense. | $500 / $1,000 | up to 90 days |
| Rhode Island | Being drunk in public is not itself a crime. However, if you’re disruptive while intoxicated, you can be charged with disorderly conduct. | $500 | 6 months |
| South Carolina | Public intoxication is a crime. Misdemeanor. | $100 | 30 days |
| South Dakota | Not a state crime, but cities and counties can pass their own public intoxication ordinances. Penalties vary by locality. | Varies (local) | Varies (local) |
| Tennessee | Public intoxication is a crime. Class C misdemeanor. | $50 | 30 days |
| Texas | Public intoxication is a crime. Class C misdemeanor (escalates to Class B on a fourth or later offense). | $500 ($2,000 enhanced) | None (180 days enhanced) |
| Utah | Public intoxication is a crime. Class C misdemeanor. | $750 | 90 days |
| Vermont | Not a crime. Intoxication is treated as a health matter under state law. | None | None |
| Virginia | Public intoxication is a crime. Class 4 misdemeanor (fine only, no jail time). | $250 | None |
| Washington | Not a crime. Police may hold an intoxicated person in protective custody for up to 72 hours. | None | 72 hr custody |
| West Virginia | Public intoxication is a crime, with penalties that escalate on repeat offenses (3rd+ offenses carry mandatory jail time of 5–60 days). | $100 | 60 days |
| Wisconsin | Not a crime anywhere in the state. Cities and counties are barred from passing their own public intoxication ordinances. | None | None |
| Wyoming | Not a state crime, but cities and counties commonly pass their own public intoxication ordinances. Penalties vary by locality. | Varies (local) | Varies (local) |
Table of Contents
- States where public intoxication is legal
- States where public intoxication laws vary by municipality
- States where public intoxication is a criminal offense
- If I’m in a state where public intoxication is legal, can I still get in trouble while drunk?
- A note on the trend toward decriminalization
- If drinking has become a problem, help is available
States where public intoxication is legal
In the following states, public intoxication is not a crime under state law, and local municipalities are also prohibited from making it one. Police may still take an intoxicated person into protective custody and transport them to a treatment facility, but no criminal charge can be filed solely for being drunk in public:
Colorado, Illinois, Kansas, Missouri, Montana, Nevada, New Jersey, Oregon, Wisconsin, and Alaska
The following states have also decriminalized public intoxication at the state level, though some allow limited local ordinances — meaning the rules can vary by city or county:
Connecticut, Massachusetts, Minnesota, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Vermont, and Washington
States where public intoxication laws vary by municipality
In the following states, public intoxication is not a crime under state law, but cities and counties are permitted to pass their own ordinances. Whether you can be charged depends entirely on the local laws where the incident occurs:
Arizona, Hawaii, Idaho, Maine, Michigan, Rhode Island, South Dakota, and Wyoming.
States where public intoxication is a criminal offense
In the following states, public intoxication is a criminal offense — most commonly a misdemeanor. Penalties range widely, from a $50 fine in Tennessee to up to six months in jail in California. Importantly, most of these states require more than mere intoxication — disruptive behavior, endangerment, or causing a disturbance is typically required before charges can be brought:
Alabama, Arkansas, California, Delaware, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia.
If I’m in a state where public intoxication is legal, can I still get in trouble while drunk?
Even in states where public intoxication is not a crime, being visibly drunk in public is rarely without risk. In nearly every state, police retain the authority to intervene if your behavior becomes disruptive, dangerous, or threatening to yourself or others. Disorderly conduct laws — which exist in all 50 states — can apply regardless of whether a public intoxication charge is available.
In many decriminalized states, police are also authorized to take an intoxicated person into protective custody and transport them to a sobering center or treatment facility. This is not an arrest, but it is not without consequences either.
A note on the trend toward decriminalization
The United States has been moving steadily away from criminalizing public intoxication for decades. This shift began with the 1971 Uniform Alcoholism and Intoxication Treatment Act, which urged states to replace arrest with protective custody and treatment. Today, 24 states have decriminalized public intoxication at the state level, reflecting a growing consensus that public drunkenness is better addressed as a public health issue than a criminal one.
For people struggling with alcohol use disorder, this shift matters. Being taken to a treatment facility rather than a jail cell can be the beginning of a very different path.
If drinking has become a problem, help is available
Understanding the law is useful. But if you or someone you love is regularly drinking to the point where safety, judgment, and legal consequences become a concern, the issue may go deeper than a public intoxication charge. Alcohol use disorder is a medical condition, and it is treatable.
Wellbrook Recovery offers alcohol detox, residential treatment, and outpatient programs at our locations in Brookfield, Wisconsin and Chardon, Ohio. When you are ready to talk, we are here.
