In Minnesota, public intoxication refers to being visibly intoxicated by alcohol or drugs in a public space. Unlike many other states, Minnesota does not have a specific statute that criminalizes public intoxication alone. Instead, intoxicated individuals may be subject to other charges based on their behavior while intoxicated, such as disorderly conduct, trespassing, or driving under the influence.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on criminal defense. With extensive experience serving Minnesota, Blumberg will fight hard to protect you against a criminal charge.
To find out more about how an experienced criminal defense attorney can help your case, call us today at (952) 431-7758. Your first consultation is free, so call now.
Information Center for Public Intoxication
What is Public Intoxication?
Public intoxication is simply being visibly under the influence of alcohol or drugs in a public setting.
While public intoxication itself is not a crime, law enforcement officers in Minnesota are allowed to intervene if the intoxicated individual poses a threat to themselves or others. They may also take individuals into protective custody under Minnesota’s “Detox Law,” which allows authorities to transport intoxicated persons to a detoxification center if they are a danger due to their intoxication. However, each county, city, and town, has their own specific ordinance. Here are some examples:
| Location | Law |
| Sibley County | Except to temporary licenses, no person shall consume liquor in a public park, or other public place. |
| Steele County | No person or persons shall display, consume or possess any intoxicating liquor, 3.2% malt liquor or intoxicating malt beverage within parking areas, roadways, sidewalks abutting or the grounds in general of Central Park, Cashman Park, Kaplan’s Woods Parkway and Archery Park on Elm Avenue in the city. |
| Minneapolis | No person shall consume intoxicating liquor or nonintoxicating malt liquor while on a public street, highway, alley, sidewalk, boulevard, or any place frequented by the public. |
Penalties for Related Offenses
While public intoxication is not criminalized, other offenses related to intoxicated behavior may lead to criminal charges. Below are examples of offenses that may occur in connection with public intoxication and their associated penalties:
Disorderly Conduct
Disorderly conduct includes engaging in offensive, noisy, or disruptive behavior in public while intoxicated.
- Penalty:
- Misdemeanor charge
- Up to 90 days in jail and/or
- Fines up to $1,000.
Trespassing
Intoxicated individuals may enter or remain in a place where they are not welcome, such as private property, which can result in a trespassing charge.
- Penalty:
- Misdemeanor charge
- Up to 90 days in jail and/or
- Fines up to $1,000.
Driving Under the Influence (DUI)
If someone is caught operating a vehicle while intoxicated, even if they were initially only publicly intoxicated, they can face DUI charges.
- Penalty:
- First-time offense (Fourth-degree DUI): Misdemeanor charge
- Up to 90 days in jail, a fine of up to $1,000, and possible license suspension.
- Enhanced penalties for repeat offenders.
Defenses
Common defenses for charges related to public intoxication include:
Lack of Intoxication:
- The defendant can argue that they were not actually intoxicated, but instead suffering from a medical condition or other issue that was mistaken for intoxication.
No Criminal Conduct:
- Even if intoxicated, individuals may argue they did not engage in any criminal behavior, such as disorderly conduct or trespassing.
Unlawful Detainment:
- If authorities took the individual into protective custody without just cause, a defense may challenge the legality of the intervention.
Additional Resources
- Minnesota Statute 609.72 – Details on disorderly conduct, including penalties for public disturbances.
- Minnesota’s Detox Law – A peace officer, health officer, or someone acting under their supervision may take an individual who is believed to be chemically dependent or intoxicated in public into custody and transport them to a treatment facility.
Contact a Lawyer in Minnesota
If you have been charged with a crime, you do not have to tackle the criminal justice system alone. Contact Dakota County criminal defense attorney James Blumberg at (952) 431-7758 to begin building a strong defense. Your future is important, and he can use his knowledge and experience on both sides of the law to help you protect it.
James Blumberg Law accepts clients in Dakota County and other surrounding communities including Rice County, Carver County, Scott County, Sibley County, Dodge County, Steele County, and Sibley County.