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Drunk In Public

Neb. Rev. Stat. § 53-1,119 — not a crime anywhere in Nebraska, and civil protective custody for up to twenty-four hours

Not an offense. No county or city may adopt or enforce a law that makes drinking, being a common drunkard, or being found intoxicated an element of an offense.

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An officer may take a person who is intoxicated and dangerous to themselves or others, or incapacitated, from public property, and makes a reasonable effort to take them home or to a hospital, clinic or treatment center.

Twenty-four hours at most. If that is not possible, the officer may place the person in civil protective custody, only as long as needed to preserve life or prevent injury, and never longer than twenty-four hours.

Conduct while drunk, like disorderly conduct or driving, is still its own offense. A particular situation is a question for a licensed Nebraska attorney.

Sources for this section (2)
  1. Neb. Rev. Stat. § 53-1,119 — No local penalty for drinking or intoxication
  2. Neb. Rev. Stat. § 53-1,121 — Intoxicated person; civil protective custody

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

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