
Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a
summary offense in certain countries related to public cases or displays of
drunkenness
Alcohol intoxication, commonly described in higher doses as drunkenness or inebriation, and known in overdose as alcohol poisoning, is the behavior and physical effects caused by recent consumption of alcohol. The technical term ''intoxication ...
. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts
public order before the charge is levied.
Americas
Barbados
Barbados
Barbados, officially the Republic of Barbados, is an island country in the Atlantic Ocean. It is part of the Lesser Antilles of the West Indies and the easternmost island of the Caribbean region. It lies on the boundary of the South American ...
maintains 16 years of age as when a person is legally able to consume alcohol in public. Although being disorderly while intoxicated is illegal and the
Barbados Police Force can be asked to evict drunken individuals from public establishments.
Brazil
In
Brazil
Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...
, it is legal and usually socially acceptable to drink alcohol in public areas. Being publicly intoxicated is a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
, but laws are rarely, if ever, enforced.
Canada
In
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, liquor is regulated by the
provinces
A province is an administrative division within a country or state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''provi ...
rather than the
federal government
A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
.
In
British Columbia
British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
and
Ontario
Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
, drinking in public and public intoxication are offenses. Permits are required for events in public places that involve alcohol. In Ontario, having an open container in public garners a $125 fine and public drunkenness garners a $65 fine and detainment until sober. While liquor laws are similar in provinces, the laws in territories tend to be substantially different. For instance, in the
Northwest Territories
The Northwest Territories is a federal Provinces and territories of Canada, territory of Canada. At a land area of approximately and a 2021 census population of 41,070, it is the second-largest and the most populous of Provinces and territorie ...
public intoxication can result in imprisonment or detention in a medical facility for up to 24 hours (NWT Liquor Act).
Chile
In
Chile
Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...
, it is illegal to drink alcohol in any public place or unlicensed facilities. The law may or may not be enforced, depending on the location, time of the day and the behavior of the offender.
Penalties may include the confiscation or seizure of the alcoholic beverage, fines or arrest.
United States
Drinking alcohol in public places, such as streets and parks, is against the law in most of the United States, though there is no specific federal law that forbids the consumption of alcohol in public. Some states, such as
Nevada
Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...
, do not criminalize public intoxication at all (though excessive drunkenness can often lead to other alcohol-related crimes). There are some cities that allow exceptions: two notable examples being
New Orleans, Louisiana
New Orleans (commonly known as NOLA or The Big Easy among other nicknames) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the U.S. state of Louisiana. With a population of 383,997 at the 2020 ...
(consumption in the streets is legal, but only in plastic containers) and
Butte, Montana
Butte ( ) is a consolidated city-county and the county seat of Silver Bow County, Montana, United States. In 1977, the city and county governments consolidated to form the sole entity of Butte-Silver Bow. The city covers , and, according to the 2 ...
(which allows public consumption for a certain number of hours throughout the day).
Alcohol intoxication is not necessary in order to get an individual to be charged with public intoxication as a crime:
. . . under most public intoxication laws, the individual charged with the offense does not actually have to be drunk. Instead, he or she need only appear to be drunk or be acting in a disorderly manner. This is because the crime is meant to protect against a public environment that threatens or intimidates others, or discourages them from using public spaces. Accordingly, an individual who is not actually drunk, but is acting in such a manner, can be charged with the crime.
1968 constitutional challenge
In 1968, in the case of ''
Powell v. Texas'', the
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
law against public intoxication was challenged in the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
for alleged violation of
Eighth Amendment, which forbids
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
. The court upheld the law, ruling that criminalizing public intoxication was neither cruel nor unusual.
State public intoxication laws today
*
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
: California Penal Code 647(f) considers public intoxication a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
. The code describes public intoxication as someone who displays intoxication to liquor, drugs, controlled substances, or
toluene
Toluene (), also known as toluol (), is a substituted aromatic hydrocarbon with the chemical formula , often abbreviated as , where Ph stands for the phenyl group. It is a colorless, water
Water is an inorganic compound with the c ...
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. Often, this manifests in the form of a so-called
drunk tank. 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 a jail. Unlike a person who is taken to jail, a civil detainee under 647(g) is not later prosecuted in a court of law.
*
Colorado
Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
: 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.
*
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the South Caucasus
* Georgia (U.S. state), a state in the southeastern United States
Georgia may also refer to:
People and fictional characters
* Georgia (name), a list of pe ...
: 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.
*
Indiana
Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...
: In Indiana, public intoxication is a class B misdemeanor, punishable with up to 180 days in jail, and a $1,000 fine. 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
Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...
: 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 $1,000 fine. Aggravated Public Intoxication (3rd or subsequent Offense) is an Aggravated Misdemeanor punishable by a maximum of 2 years in prison. As of 2013, Johnson County, home of the University of Iowa had the highest arrest rate for public intoxication of any county in the state, at 8.28 per 1,000 residents.
*
Kansas
Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
: 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."
*
Minnesota
Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...
: Public intoxication is not a crime in Minnesota. However, cities can enact laws against public intoxication, such as the City of
St. Cloud.
*
Missouri
Missouri (''see #Etymology and pronunciation, pronunciation'') is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it border ...
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
Montana ( ) is a landlocked U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Idaho to the west, North Dakota to the east, South Dakota to the southeast, Wyoming to the south, an ...
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
Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...
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.
*
Oregon
Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
: The state has no laws against public intoxication and actively bans local intoxication ordinances in §430.402. "However, if the person is incapacitated, the health of the person appears to be in immediate danger, or the police have reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police to an appropriate treatment facility." § 430.399
*
Texas
Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
: Public intoxication is a Class C misdemeanor (Class C misdemeanors are punishable by fine only not to exceed $500). 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). 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.
*
Virginia
Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
criminalizes public intoxication under section 18.2-388 of the Code of Virginia. It is punishable by a fine of up to $250.
*
Wisconsin
Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
also does not have a state public intoxication law although municipalities may pass city ordinances prohibiting public intoxication. Public intoxication is legal in
Milwaukee
Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...
; however, public drinking is not.
In summary, misconducting in public while drunk could be fined in California, Georgia, Indiana, Iowa, Texas and Virginia.
Asia
Singapore
From 1 April 2015, public drinking was banned from 10:30 p.m. to 7 a.m. daily.
Additional restrictions on public drinking are applied to
Geylang and
Little India
Little India (also known as Indian Street, India Bazaar, or India Town) is an Indian people, Indian or South Asian sociocultural environment outside India or the Indian subcontinent. It especially refers to an area with a significant concentra ...
which are declared Liquor Control Zones. The additional restrictions for Geylang and Little India are from 10:30 p.m. on Fridays to 7 a.m. on Mondays and from 7 p.m. on the day before
public holidays
A public holiday, national holiday, federal holiday, statutory holiday, bank holiday or legal holiday is a holiday generally established by law and is usually a non-working day during the year.
Types
Civic holiday
A ''civic holiday'', also k ...
to 7 a.m. on the day after the public holiday. Retailers within the Liquor Control Zones are not allowed to sell takeaway liquor from 10:30 p.m. to 7 a.m. on weekdays (except on the day before public holidays and the day of public holidays) and from 7 p.m. to 7 a.m. on weekends, on the day before public holidays and on the day of public holidays. Retailers and F&B outlets are not allowed to sell liquor from 10:30 p.m. to 7 a.m. daily.
Europe
According to data from the
World Health Organization
The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
, drinking in public is regulated in the European countries for which data was provided as follows:
*Educational buildings:
**ban:
Cyprus
Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of isl ...
,
Czech Republic
The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...
,
Finland
Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It borders Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, ...
,
Hungary
Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
,
Latvia
Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the three Baltic states, along with Estonia to the north and Lithuania to the south. It borders Russia to the east and Belarus to t ...
,
Lithuania
Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...
,
Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
,
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
,
Romania
Romania is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern and Southeast Europe. It borders Ukraine to the north and east, Hungary to the west, Serbia to the southwest, Bulgaria to the south, Moldova to ...
,
Slovakia
Slovakia, officially the Slovak Republic, is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the west, and the Czech Republic to the northwest. Slovakia's m ...
,
Slovenia
Slovenia, officially the Republic of Slovenia, is a country in Central Europe. It borders Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the south and southeast, and a short (46.6 km) coastline within the Adriati ...
,
Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...
**partial restriction:
Belgium
Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeas ...
,
Estonia
Estonia, officially the Republic of Estonia, is a country in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the Baltic Sea across from Sweden, to the south by Latvia, and to the east by Ru ...
,
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
,
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
,
Italy
Italy, officially the Italian Republic, is a country in Southern Europe, Southern and Western Europe, Western Europe. It consists of Italian Peninsula, a peninsula that extends into the Mediterranean Sea, with the Alps on its northern land b ...
,
Malta
Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
,
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
,
Sweden
Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...
**voluntary/self restricted:
Austria
Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
,
Bulgaria
Bulgaria, officially the Republic of Bulgaria, is a country in Southeast Europe. It is situated on the eastern portion of the Balkans directly south of the Danube river and west of the Black Sea. Bulgaria is bordered by Greece and Turkey t ...
,
Denmark
Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...
,
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
,
UK
**no restrictions:
Greece
Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...
*Government offices:
**ban: Cyprus, Czech Republic, Finland, Hungary, Latvia, Poland, Romania, Slovakia, Slovenia
**partial restriction: France, Lithuania, Malta, Netherlands,
Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
, Spain
**voluntary/self restricted: Austria, Belgium, Bulgaria, Denmark, Germany, Ireland, Italy, Sweden
**no restrictions: Estonia, Greece, Luxembourg, UK
*Healthcare establishments:
**ban: Cyprus, Czech Republic, Finland, Hungary, Latvia, Lithuania, Malta, Portugal, Romania, Slovenia,
**partial restriction: Belgium, France, Italy, Netherlands, Spain
**voluntary/self restricted: Austria, Bulgaria, Germany, Ireland, Luxembourg, Poland, Sweden, UK
**no restrictions: Denmark, Greece
*Leisure events:
**ban:
**partial restriction: Cyprus, Czech Republic, Finland, France, Ireland, Portugal, Romania, UK
**voluntary/self restricted: Austria, Belgium, Bulgaria, Germany, Latvia, Poland, Slovakia, Sweden,
**no restrictions: Denmark, Estonia, Greece, Hungary, Luxembourg, Slovenia, Spain
*Parks and streets:
**ban: Estonia, Lithuania, Poland, Romania
**partial restriction: Cyprus, Czech Republic, Finland, France, Ireland, Italy, Malta, Netherlands, Portugal, Slovakia, Spain, UK
**voluntary/self restricted: Austria, Belgium, Bulgaria, Germany, Latvia, Slovenia, Sweden
**no restrictions: Greece, Hungary, Luxembourg
*Public transport:
**ban: Cyprus, Finland, France, Greece, Romania, Slovakia,
**partial restriction: Czech Republic, Denmark, Estonia, Hungary, Ireland, Lithuania, Malta, Netherlands, Poland, Portugal, Sweden, UK
**voluntary/self restricted: Austria, Belgium, Bulgaria, Germany,
**no restrictions: Italy, Luxembourg, Slovenia, Spain
*Places of worship:
**ban: Cyprus, Finland, Romania
**partial restriction: France, Portugal
**voluntary/self restricted: Belgium, Bulgaria, Czech Republic, Hungary, Ireland, Latvia, Malta, Sweden
**no restrictions: Austria, Denmark, Estonia, Germany, Greece, Italy, Lithuania, Luxembourg, Netherland, Slovakia, Slovenia, Spain, UK
*Sporting events:
**ban: Romania, Slovenia, Spain
**partial restriction: Cyprus, Czech Republic, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Malta, Netherland, UK
**voluntary/self restricted: Austria, Belgium, Bulgaria, German, Latvia, Slovakia, Sweden
**no restrictions: Denmark, Estonia, Luxembourg
*Workplaces:
**ban: Czech Republic, Finland, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia,
**partial restriction: Cyprus, France, Italy, Malta, Portugal, Spain
**voluntary/self restricted: Austria, Belgium, Bulgaria, Denmark, Germany, Ireland, Netherlands, Sweden, UK
**no restrictions: Estonia, Greece, Luxembourg
''Legend'':
* ban = the consumption of alcohol is prohibited by law, violation may result in punishment.
*partial restriction = in some states, regions, municipalities or cities the consumption of alcohol is prohibited by law; or consumption is restricted at certain places but not generally prohibited.
*voluntary/self-restricted = the consumption of alcohol is not prohibited by law, but (some) establishments may have own regulations prohibiting or regulating the consumption of alcohol voluntarily.
*no restrictions = the consumption of alcohol is legal.
United Kingdom

In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, there are a number of offences dealing with intoxication, which vary between the constituent countries.
In a public place, it is an offence to be:
*drunk (except in Scotland, where public drunkenness is nonetheless likely to be considered a
breach of the peace)
*drunk and disorderly or, in Scotland, to behave in a disorderly manner while drunk
It is also an offence to be drunk:
*while boarding, or while on board, an aircraft
*in England and Wales, while in charge of a child under 7 years old
*in England and Wales, while travelling to a "designated sporting event" (usually professional football matches) on
public transport
Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
or a vehicle with eight seats or more
*in England and Wales, while in, or attempting to enter, a "designated sporting ground" (a football ground) during a designated sporting event.
While drunk, it is an offence:
* on licensed premises, for any person to sell the drunk person alcohol, or to procure alcohol for them
* in Scotland, to attempt to enter licensed premises.
The
police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
will only get involved if the person is so drunk they are unable to act in a reasonable manner, such as passing out on the street. In that case, 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 cautioned, be issued with a
penalty notice for disorder (PND – £90 fine in ticket form), or bailed to appear at the local court. The court in turn may issue a
fine
Fine may refer to:
Characters
* Fran Fine, the title character of ''The Nanny''
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (p ...
(up to level 1 or level 3 on the
standard scale The standard scale is a system in Commonwealth of Nations, Commonwealth law whereby financial Criminal law, criminal penalties (Fine (penalty), fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it nec ...
depending on the offence charged).
Furthermore, in England and Wales 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
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
have the power to prohibit alcohol consumption in certain areas.
Oceania
Australia
The
Royal Commission into Aboriginal Deaths in Custody (1987–1991) found public drunkenness disproportionately affected
Aboriginal people.
Public drunkenness was decriminalised in
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
in 1979, in
South Australia
South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
in 1984.
In New South Wales, police have the discretion to issue "on the spot" fines or infringement notices for "drunk in public", a fine that can cost the individual over $480 (4 penalty units).
Community Legal Centres across the state complain about these fines and the impact it has had on various vulnerable members of the community, including young people, homeless people, and minority groups. For example, a "drunk and disorderly" fine in New South Wales starts at $550. As of February 2009, local councils in New South Wales are not allowed to charge people who drink in alcohol-free zones; they are only permitted to confiscate the
alcohol
Alcohol may refer to:
Common uses
* Alcohol (chemistry), a class of compounds
* Ethanol, one of several alcohols, commonly known as alcohol in everyday life
** Alcohol (drug), intoxicant found in alcoholic beverages
** Alcoholic beverage, an alco ...
of the intoxicated person.
By legislative changes in February 2021,
Victoria will finally decriminalise public drunkenness from November 2022, after which drunkenness will be treated as a public health issue, not a criminal one.
['Long overdue': public drunkenness to be decriminalised in Victoria](_blank)
/ref> In Victoria, there are currently two drinking offences: "drunk in a public place" and "drunk and disorderly in a public place". These are separate offences contained in the ''Summary Offences Act 1966'' which have their own power of arrest. Changes in 2006 allow police to issue an infringement notice for these offences, in addition to the traditional method of charging and bailing the offender to the Magistrates' Court
A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales) ...
. The current fine attached to the infringement notice is $590 for a first offence and $1,100 for a subsequent offence. A person arrested for being drunk or drunk and disorderly is held at the Melbourne Custody Centre or the cells at a police station or placed in the care of a friend or relative.
Queensland
Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
is the only state left within Australia that has a specific criminal offence of public drunkenness still in force. In late 2024, the Northern Territory
The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
immediately re-introduced enacted laws to explicitly ban public drunkenness and being a public nuisance as two board stand alone criminal offenses.
/ref>
New Zealand
In New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, drinking in public is not a crime. Instead, local governments must specify that alcohol is banned in an area before it is considered a crime to drink in that location. Being drunk in public is not specifically an offense 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.
See also
* Alcohol-related crime
Alcohol-related crime refers to criminal activities that involve alcohol (drug), alcohol use as well as violations of regulations covering the sale or use of alcohol; in other words, activities violating the alcohol laws. Some crimes are uniquel ...
* Alcohol law
Alcohol laws are laws relating to manufacture, Drinking alcohol, use, as Drunkeness, being under the influence of and sale of Alcohol (drug), alcohol (also known formally as ethanol) or alcoholic beverages. Common alcoholic beverages include bee ...
* Drinking in public
* Drunk walking
* Public-order crime
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
References
{{DEFAULTSORT:Public Intoxication
Alcohol-related crimes
State law in the United States
Law of the United Kingdom
Intoxication
Canadian criminal law