Public Intoxication
Wis. Stat. 51.45 — treatment rather than prosecution, and protective custody that is not an arrest
The state's policy. It is the policy of the state that alcoholics, people who are drug dependent, and intoxicated people may not be subjected to criminal prosecution because of their consumption of alcohol or other drugs, but should be afforded a continuum of treatment.
A law enforcement officer may help a person who appears intoxicated in a public place and in need of help to their home, a treatment facility or another health facility, if the person consents.
A person who appears incapacitated by alcohol or another drug is placed under protective custody and brought to an approved treatment facility, or to an emergency medical facility if none is readily available or emergency treatment is needed. The officer may search the person for weapons. Protective custody is not an arrest, and no record may be made to show an arrest or a criminal charge.
A person brought in and not admitted is given transportation home if home is within 50 miles of the facility, or help finding shelter if not.
The act does not affect any law, ordinance or rule whose violation is punishable by a fine, forfeiture or imprisonment, so conduct while intoxicated can still be charged under those. Disorderly conduct is on its own page.
Sources for this section (1)
- Wis. Stat. 51.45 — Prevention and control of alcoholism and drug dependence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.