Public Intoxication
IC 7.1-5-1-3 · Class B Misdemeanor
Being in a public place or place of public resort in a state of intoxication from alcohol or a controlled substance — but ONLY if the person also endangers their own life, endangers someone else's life, breaches (or is in imminent danger of breaching) the peace, or harasses, annoys, or alarms another person. Simple intoxication in public, on its own, is NOT a crime in Indiana — this was a deliberate law change in 2012 specifically to stop charging people for non-disruptive intoxication (like someone sleeping it off in a parked car).
Elements to prove
- 1
The suspect was in a public place or place of public resort
- 2
The suspect was in a state of intoxication caused by alcohol or a controlled substance
- 3
AND at least one of the following also applies:
- The person endangered their own life
- The person endangered another person's life
- The person breached the peace, or was in imminent danger of doing so
- The person harassed, annoyed, or alarmed another person
Fact prompts for your narrative
- Who is the suspect, and how did you come into contact with them?
- Where was the suspect and what made the location public?
- Describe the specific signs of intoxication observed.
- Which of the four qualifying conditions applies — danger to self, danger to another, breach of the peace, or harassing/annoying/alarming another person? Document the specific facts supporting whichever one you're relying on — intoxication alone is not enough.
- Did this situation begin with someone (including the suspect) calling for medical help, reporting a sex offense, or reporting a crime? If so, Lifeline Law immunity may apply — document how the incident actually started.
- What did the suspect say or do?
- When did the encounter occur, and how long did it last?
- Why: document any statements showing the suspect's state of mind.
What to do before closing the report
- Document the location and any witnesses
- Note if medical assistance or transport was offered or requested, and by whom — relevant to potential Lifeline Law immunity
- Check for outstanding warrants as standard practice before any arrest — note: unlike some other offenses, a prior conviction does NOT enhance this particular charge; this step is for officer safety and booking purposes only, not charge-level determination
Reference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 7.1-5-1-3 and IC 7.1-5-1-6.5, current through the 2026 Indiana Code (iga.in.gov).