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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.

  • IC 7.1-5-1-3
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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.

  • IC 7.1-5-1-6.6
Sources for this section (2)
  1. IC 7.1-5-1-3 — Public intoxication prohibited; failure to enforce by a law enforcement officer
  2. 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.

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