Public Intoxication (also known as Alcohol Intoxication, Public Drunkenness, Drunk in Public, Disorderly Intoxication or Drunk and Disorderly) is different from state to state. Under Article One of the United States constitution it prohibits the federal government from control over public intoxication. This means each state has to pass laws regarding the subject. This is why we have different names for the same offense from state to state. In the State of Iowa it is known as Public Intoxication, while in the State of Kentucky it is known as Alcohol Intoxication. These names will names will be substituted for each other within this website. Just remember they are mirror images of each other.
A simple definition for public intox is being under the influence of alcohol or drugs in a public place. Depending on your states wording of the law will generally tell you if you can or cannot be booked for alcohol intoxication on private property. You can usually be ticketed on private property for public intoxication if charges are pressed by the land owner. A local intoxication attorney should be consulted if you are looking to fight your charges.
A general criteria for being arrested for drunk and disorderly conduct is followed by most states:
One of the following is usually (but not always) required to be arrested:
- Being a public nuisance
- Endangering yourself
- Endangering others around you