Public intoxication

Public intoxication, also known as "drunk and disorderly conduct" (sometimes, incorrectly, as "drunken disorderly"), is a summary offence in many countries. Public intoxication laws vary widely from country to country.

Australia

Whilst it is technically illegal in most states and territories of Australia to be drunk and disorderly, most Australian police take a humane approach with regards to intoxicated persons (IP). This includes transporting the IP to his or her residence or temporary detention at a police station or other welfare establishment until the IP is sober.

Prosecution (charging) is generally only considered if the IP is violent or other offences have been committed.

As of February 2009, local Councils in NSW are not allowed to charge people who drink in Alcohol Free Zones; they are only permitted to confiscate the alcohol of the drunk (http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Information/Ministerial%20Guidelines%20on%20Alcohol%20Free%20Zones%20-%20February%202009.pdf)

Canada

In Canada, liquor laws are made by the provinces and not the federal government.

In B.C., drinking in public and public intoxication are offenses. If an event is to take place in public with alcohol it must have a permit.

England and Wales

In England and Wales, there are two main offences for dealing with intoxication in a public place, normally referred to as being 'drunk and incapable' and 'drunk and disorderly'.

Typically the police will, depending on the circumstances, help the intoxicated person on their way or place the person in a police station cell until sober. Once fit to be dealt with the detained person will normally either be issued with a Penalty Notice for Disorder (PND - £80 fine in ticket form) or bailed to appear at the local court. The court in turn may issue a fine (up to level 1 or level 3 on the standard scale depending on the offence charged).

There are also many more specific offences, including driving a motor vehicle while drunk (or being found 'drunk in charge'), riding a cycle while unfit through drink and being drunk in charge of a child under 7 years old in a public place. Furthermore, the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public by those under 18, and local authorities have the power to prohibit alcohol consumption in certain areas.

New Zealand

In New Zealand, drinking in public is not a crime and instead, governments must specify that an area is alcohol-free before it is considered a crime to drink in that location. Being drunk in public is not specifically an offence unless the person who is intoxicated is a public nuisance, in which case they may be dealt with for 'disturbing the peace'. This will usually result in being taken home, or otherwise taken to a police cell until sober.

United States

Because Article One of the Constitution of the United States does not grant the United States Congress the power to control public intoxication under federal law, it is therefore, under the Tenth Amendment, one of the powers "reserved to the states, respectively, or to the people." Thus, public intoxication laws in the United States are entirely a product of state and local laws. As a result, laws in the United States regarding drunkenness vary widely from state to state.

1968 Constitutional challenge

In 1968, in the case of Powell v. Texas, the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that making a crime of public intoxication was neither cruel nor unusual.

State public intoxication laws today

See also: Alcohol laws of the United States by state

• 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. [8]
• 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.[9]
• Indiana: In Indiana, public intoxication is a class B misdemeanor, punishable with up to 60 days in jail, and a 500 dollar fine. The assessment of public intoxication is at the discretion of the arresting officer, who has the option, in addition to the citation, of detaining the individual in jail, or transporting the individual to his or her home or to the home of a responsible caretaker. (See IC 7.1-5-1-3, 12-23-15).
• 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. However this would not normally invite arrest unless the person had caused a nuisance or posed a danger to themselves or others.
• Kansas: Kansas's Liquor Control Act makes it a misdemeanor to be on public thoroughfares with a blood alcohol content level above 0.08%. Violation of this law can result in arrest, prosecution, fine, and possible jail time. Kansas has some of the strictest alcohol laws in the United States (see Alcohol laws of Kansas).
• 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.
• 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.
• 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.
• 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.