If I’m Drunk in Public, Can I be Charged with a Crime in Minnesota?
We’ve all seen it before. Sometimes it happens at a bar at closing time and people stagger out into the street. Maybe it is near some of the universities in St. Paul or Minneapolis after sporting events. How about at the St. Patrick’s Day Parade in St. Paul every year? While it may be surprising, even if these people are drunk in public, that doesn’t mean that they are necessarily committing a crime. In fact, Minnesota passed a law articulating is exactly this. According to Minnesota Statute 340A.902:
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.
“Being drunk in public in itself is not a crime. Usually, it is about what they do or the disruption they cause that gets them into trouble.”
Simply put, being drunk in public is not a crime. That being said, it may not end there. The question generally becomes what behavior are you involved in once you are in a public space or maybe even a private space? If the police believe that that behavior in itself in criminal, charges may include:
DWI: Driving or in physical control of a motor vehicle under the influence of alcohol;
Misdemeanor Obstruction of Legal Process;
Gross Misdemeanor Obstruction of Legal Process with Force;
Public Nuisance;
Criminal Damage to Property;
Disorderly Conduct.
If you are facing charged linked to public intoxication allegations including disorderly conduct, domestic assault, DWI, obstruction of legal process, obstruction of legal process with force and more, make sure that you contact an experienced criminal defense attorney. While the facts may see simple, things are not always as they seem.
Jack Rice is a former prosecutor, former U.S. Federal Agent and a Board Certified Criminal Law Specialist. He is also the founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.