Drunk in Public
N.D.C.C. § 5-01-05.2 — public intoxication alone is not a crime, but an officer may take someone home or to care
No one may be prosecuted solely for public intoxication, though officers may use standard identification procedures on anyone helped.
- An officer may take an apparently intoxicated person home, to a hospital or a detox center, or to jail if the person is a danger to self or others.
- No one may be held in jail for intoxication more than twenty-four hours, and only under constant monitoring with medical care as needed.
- The officer makes a reasonable effort to notify the person's family.
- Costs the city, county or medical providers incur are recoverable from the person.
Sources for this section (2)
- N.D.C.C. § 5-01-05.2 — No prosecution for intoxication
- N.D.C.C. § 5-01-05.1 — Public intoxication - Assistance - Medical care
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.