Public Intoxication
IC 7.1-5-1-3 — intoxicated in public is a crime only with danger, a breach of the peace, or harassment
Being in a public place in a state of intoxication from alcohol or a controlled substance is a Class B misdemeanor only where the person endangers the person's own life or another's, breaches the peace or is in imminent danger of doing so, or harasses, annoys or alarms another person.
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
Where someone was arrested for alcohol related public intoxication, or a minor's possession or consumption, because another person reported that the person appeared to need medical help, and has no prior conviction for it, a guilty plea and agreement to the court's custody leads to deferred proceedings, and the charge is dismissed on completing the conditions. Only one such dismissal is allowed.
Sources for this section (2)
- IC 7.1-5-1-3 — Public intoxication prohibited; failure to enforce by a law enforcement officer
- IC 7.1-5-1-6.6 — Dismissal of public intoxication or illegal possession charges
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.