A public intoxication charge — also called "drunk and disorderly," "disorderly intoxication," or a similar name depending on where you live — means police allege that you were visibly impaired by alcohol or drugs in a public place. This is one of the more common low-level criminal charges, but it still creates a record, and the rules differ widely from state to state. Here is a plain-language overview of what the charge involves, what the consequences can be, and what you can do right now.
What Public Intoxication Laws Generally Require
Every state that makes public intoxication a crime has its own definition, but the core elements usually include:
- A public place. You must have been in a location accessible to the general public — a street, sidewalk, park, parking lot, or bar exterior. Being inside your own home or on private property with the property owner's permission generally places you outside these laws.
- Visible intoxication or impairment. Officers base this on what they observed: slurred speech, unsteady movement, bloodshot eyes, the odor of alcohol, or other behavioral signs. Some states require impairment from alcohol specifically; others include any intoxicating substance.
- A public-safety element (in some states). Certain states also require that you posed a danger to yourself or others, or that your condition caused a public disturbance. States without this element treat visible impairment itself as the offense.
A handful of states have decriminalized public intoxication entirely, treating it as a public-health issue or leaving enforcement to local ordinance rather than state criminal law. Whether the charge is even criminal in your state is the first thing a lawyer can help you determine.
How Serious Is the Charge?
In most states where public intoxication is a crime, it is classified as a misdemeanor or a low-level infraction. Infractions typically result in a fine and no jail time. Misdemeanors can carry both fines and limited jail time, though first-time offenders often receive lighter outcomes such as a fine, community service, or attendance at an alcohol education class.
The charge level can increase if other conduct accompanied the intoxication. If you were combative with officers, damaged property, or were in the presence of a minor, additional charges are possible — and those may be more serious. If alcohol was involved in a driving situation, you could face separate DUI or DWI charges with very different consequences.
Even a misdemeanor conviction results in a criminal record. That record can show up on background checks for employment, housing applications, and professional licensing. For most people, this is the longest-lasting consequence of a public intoxication arrest.
What Happens at the Arrest
In many states, police have the option of taking an intoxicated person into protective custody rather than making a formal criminal arrest. This means you are held until you are sober, then released without formal charges. Whether this option is available depends on your state's law and officer discretion.
In other situations, you will be formally arrested, booked, and may need to post bail or be released on your own recognizance before your first court date. Under the Eighth Amendment, bail must not be excessive, but there is no absolute right to release in every case.
At any point after your arrest, you have the right under the Fifth Amendment to remain silent. You are not required to answer questions about how much you drank or what you used. Under Miranda v. Arizona (1966), police must advise you of this right before custodial interrogation; statements made without that warning may be suppressible.