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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.

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  • 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)
  1. N.D.C.C. § 5-01-05.2 — No prosecution for intoxication
  2. 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.

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