If you’ve been cited or arrested for public intoxication in Maryland, you’re probably wondering just how serious the charge is and what consequences you might be facing. Here’s what you need to know about Maryland’s public intoxication laws, what penalties are involved, and how a Southern Maryland criminal defense lawyer can help.
Is Public Intoxication a Crime in Maryland?
Yes, under Maryland law, public intoxication is considered a criminal offense, though it is generally treated as a misdemeanor. The relevant statute is found under Maryland Code, Alcoholic Beverages § 6-320, which makes it illegal to be:
- Intoxicated and endangering the safety of another person or property, or
- Intoxicated and causing a public disturbance in a public place or on public transportation.
This means you won’t be charged simply for having alcohol in your system while walking down the street. The law requires some additional disruptive or dangerous behavior to trigger a criminal charge.
What Counts as a Public Place?
A “public place” under Maryland law includes:
- Sidewalks and streets
- Parks and playgrounds
- Public transportation (e.g., buses, subways, MARC trains)
- Bars, restaurants, and stadiums (if you’re disturbing others)
- Government buildings
Private property, such as your home or someone else’s residence, typically doesn’t count unless your behavior spills into a public area or causes a public disturbance.
What Are the Penalties for Public Intoxication in Maryland?
If convicted of public intoxication in Maryland, you could face:
- Up to 90 days in jail
- A fine of up to $100
- A permanent criminal record
For first-time offenders, jail time is rare—but it’s still a possibility, especially if the intoxication resulted in harm or property damage. Repeat offenses can lead to harsher penalties.
Can You Be Arrested for Being Drunk in Public?
Yes. While a citation may be issued in some cases, police officers can arrest someone who is intoxicated in public if they believe the person:
- Is a danger to themselves or others
- Is causing a disruption that can’t be resolved otherwise
- Has outstanding warrants or prior alcohol-related offenses
In many cases, law enforcement will detain the person briefly to allow them to sober up—but that doesn’t mean charges won’t be filed later.
What About Public Intoxication by Drugs?
Public intoxication isn’t limited to alcohol. If someone is visibly impaired due to drugs or controlled substances and they pose a risk to others or disrupt public peace, they could face similar charges under Maryland’s disorderly conduct or drug laws.
Can Public Intoxication Be Expunged in Maryland?
Yes—if your case is dismissed, placed on stet docket, or results in probation before judgment (PBJ) and you successfully complete it, you may be eligible for expungement. However, if you’re convicted, you’ll have to wait three years after completing your sentence (including probation) before applying—and even then, expungement isn’t guaranteed.
How a Southern Maryland Criminal Defense Lawyer Can Help
At Southern Maryland Criminal Defense, we represent clients charged with public intoxication across Charles, Prince George’s, Calvert, and St. Mary’s Counties. We understand that one bad night shouldn’t define your future. A strong defense might include:
- Challenging whether your conduct actually met the legal standard for public disturbance
- Arguing that you were not in a “public place” under the law
- Negotiating for dismissal, PBJ, or community service instead of jail time
Charged with Public Intoxication? Get Help Today.
If you or someone you love has been charged with public intoxication in Maryland, don’t leave the outcome to chance. Contact us today for a free consultation with an experienced Southern Maryland criminal defense lawyer who knows how to protect your record and your reputation.
