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Public Intoxication

Minn. Stat. 340A.902 — drunkenness is not a crime, though other offenses still are

In Minnesota, no person may be charged with or convicted of the offense of drunkenness or public drunkenness.

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What it leaves alone. An intoxicated person may still be prosecuted and convicted for offenses other than drunkenness, and is not relieved of civil liability for injury to people or property caused while intoxicated.

The assumptionWhat the law actually does
The assumptionBeing drunk in public is a crime by itselfWhat the law actually doesNo person may be charged with or convicted of drunkenness or public drunkenness
The assumptionBeing drunk excuses what comes afterWhat the law actually doesOther offenses are still prosecuted, and civil liability for injuries remains

Disorderly conduct, open container rules, alcohol and minors, and holds for treatment are not on this page. What a particular situation carries is a question for a licensed Minnesota attorney.

Sources for this section (1)
  1. Minn. Stat. 340A.902 — Drunkenness not a crime

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.

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