California: California Penal Code 647(f) considers public intoxication a misdemeanor. The code describes public intoxication as someone who displays intoxication to liquor, drugs, controlled substances or toluene and demonstrates an inability to care for themselves or others, or interferes or obstructs the free use of streets, sidewalks or other public way. California Penal Code 647(g) affords law enforcement the option to take an individual fitting the arrest criteria for 647(f), and no other crime, into civil protective custody if a "sobering facility" is available. Essentially, the detainee agrees to remain at the location until the facility's staff consents to their departure; usually after four hours and upon the belief that the detainee is safe to look after themselves. Not every municipality in California has such a facility. Also, if a person is being combative and/or is under the influence of drugs, they will be taken to jail. Unlike a person who is taken to jail, a civil detainee under 647(g) is not later prosecuted in a court of law.[SUP][15][/SUP]
Colorado: Public intoxication in the state of Colorado is not punished with criminal or civil penalties. Instead, state law prohibits the passing of local laws that penalize public intoxication, but state law provides for the creation of patrols trained to provide assistance to intoxicated and incapacitated people.[SUP][16][/SUP]
[SUP][/SUP]
Georgia: In Georgia, public intoxication is a class B misdemeanor. Public intoxication is defined as a person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.[SUP][17][/SUP]
Indiana: In Indiana, public intoxication is a class B misdemeanor, punishable with up to 180 days in jail, and a $1000 fine. [SUP][18][/SUP] As of 2012, simply being intoxicated in public is no longer a crime. The person must also be, (1) endangering the person's life; (2) endangering the life of another person;(3) breaching the peace or is in imminent danger of breaching the peace; or (4) is harassing, annoying, or alarming another person. (See IC 7.1-5-1-3).
Iowa: The Code of Iowa Sec 123.46 states that "a person shall not be intoxicated or simulate intoxication in a public place". Public Intoxication is a Simple Misdemeanor punishable by a maximum of 30 days jail and a $1000 fine. Aggravated Public Intoxication (3rd or subsequent Offense) is an Aggravated Misdemeanor punishable by a maximum of 2 years in prison. Most County Attorneys frown on arrests without some type of poor conduct.[SUP][19][/SUP] However this would not normally invite arrest unless the person had caused a nuisance or posed a danger to themselves or others.
Kansas: Being drunk in public in Kansas is not a criminal offense. Kansas statute 65-4059 states "No county or city shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication by alcohol in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation, or the subject of criminal penalties."
Missouri has no state public intoxication law. Missouri's permissive alcohol laws both protect people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibit local jurisdictions from enacting criminal public intoxication laws on their own.[SUP][20][/SUP]
Montana state law states that public intoxication is not a crime. However, the law allows law enforcement to take an intoxicated person home, or to detain them, if they are a danger to themselves or others. The law also states that no record can be made that indicates the person was arrested or detained for being intoxicated.[SUP][21][/SUP]
Nevada has no state public intoxication law. Nevada state law both protects people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibits local jurisdictions from enacting criminal public intoxication laws on their own.
Texas: Public intoxication is a Class C misdemeanor[SUP][22][/SUP] (Class C misdemeanors are punishable by fine only not to exceed $500[SUP][23][/SUP]). However, if the offender is a minor, harsher penalties apply (especially if a two-time prior offender in which case jail time can be ordered).[SUP][24][/SUP] Section 49.01 of the Penal Code, which legally defines "intoxication", includes both a blood alcohol content greater than 0.08 but also defines it as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body"; thus, a breathalyzer or field sobriety test is not required to prove public intoxication. This low standard of proof has led to criticism that officers are using "public intoxication" as a means of harassment, especially towards minority groups.[SUP][25][/SUP]
Wisconsin also does not have a state public intoxication law although municipalities may pass city ordinances prohibiting public intoxication. Public intoxication is legal in Milwaukee, however, public drinking is not.
