If you’ve been to Dinkytown around bar close on a Friday or Saturday night, odds are you’ve seen your fair share of drunken revelers milling about looking for a cab. Some of them have a little extra color in the cheeks, while others are only on their feet because they are being held up by a friend. Being extremely drunk in public is frowned upon, but it’s not actually illegal under Minnesota law. In fact, the state views public intoxication “more as a social crime than an actual crime.”
Minnesota passed its law stating that public drunkenness is not a crime in 1985, with statute 340A.902, which states:
No person may be charged with or convicted of the offense of drunkenness or public drunkenness. Nothing herein prevents the prosecution and conviction of an intoxicated person for offenses other than drunkenness or public drunkenness nor does this section relieve a person from civil liability for an injury to persons or property caused by the person while intoxicated.
So although being drunk is not a crime, it doesn’t give you immunity to do whatever else you please. If you get behind the wheel, you can be charged with drunk driving. If you throw a punch, you can be charged with assault. If you fail to listen to a reasonable request from a bar manager or a police officer, you can be charged with disorderly conduct.
Public intoxication is not a crime in most states, but there are still a few areas where you can be cited for being drunk in public. California, Georgia and Texas consider public intoxication a misdemeanor offense, but Indiana has the strictest laws against public intoxication. In the Hoosier State, being drunk and annoying is punishable by a fine up to $1,000 and up to 180 days in jail!
You’re not going to get ticketed for public intoxication in Minnesota, but if you or a friend get in to trouble because you were drunk, contact an experienced criminal defense attorney to assist you with your case.
