Is It Illegal to Be Drunk in Public in Colorado

click for free consultation

Is It Illegal to Be Drunk in Public in Colorado

click for free consultation
Posted By William McAdams | May 8 2025 | DUI

If you’ve ever wondered, “Is it illegal to be drunk in public in Colorado?”—especially in places like Greeley—the answer might surprise you. While public intoxication alone doesn’t break the law, related behavior can cross the line. Colorado treats public intoxication more as a health concern than a crime, and cities can’t make it illegal on their own. However, if someone’s behavior gets out of hand—like being loud or aggressive—they might face charges such as disorderly conduct or public nuisance. At McAdams Law Office, we’ve seen how quickly things can escalate—and how important it is to have the right legal support.

Contact a DUI & Criminal Defense Lawyer

Is Public Intoxication a Crime?

Being intoxicated in public—after a night out or in an unexpected situation—does not violate Colorado law. It’s treated as a health concern, not a crime. While public drunkenness isn’t illegal, behavior while impaired can still lead to legal consequences.

In serious cases, if someone poses a danger to themselves or others, law enforcement may take them into protective custody under C.R.S. §27-81-111. This allows officers to transport the person to a detox facility or medical center to prevent harm—not as punishment, but for safety.

That said, alcohol-related behavior can quickly cross legal lines. While public intoxication isn’t a crime, certain actions while under the influence—like causing a disturbance or refusing to leave a business—can lead to charges such as:

  • Disorderly conduct: Creating a disturbance, yelling, or starting fights
  • Harassment: Threatening or persistently bothering someone
  • Trespassing: Entering places where you’re not allowed, especially while impaired
  • Public indecency: Offensive conduct in view of others

It’s not drinking in public that causes legal trouble—it’s the behavior that may follow.

When Can You Be Arrested for Being Drunk in Public?

You can be arrested if your behavior endangers others or breaks the law. Being visibly intoxicated in public isn’t automatically a crime. However, if alcohol leads to unsafe or disruptive behavior, police may intervene—and charges may follow. In Greeley and across Colorado, you may be arrested if your actions put others—or yourself—at risk.

You might face arrest if you:

  • Act aggressively or pick fights
  • Block public walkways or entrances
  • Refuse to leave when asked
  • Damage property
  • Are too intoxicated to ensure your own safety

In Colorado, officers typically don’t arrest someone just for being intoxicated in public. Their main concern is safety, and they may offer transport to a detox center or medical care. But when alcohol leads to dangerous behavior, it can still result in arrest.

Potential Penalties and Legal Consequences

Even a minor incident involving alcohol in public can lead to serious legal consequences. If charged, you could face fines, jail time, or court-ordered treatment. In some cases, the long-term impact on housing, employment, or education can be significant.

According to the University of Colorado Boulder Police Department, penalties may include:

  • Fines ranging from a few hundred to over $1,000
  • Jail time, sometimes up to 12 months
  • Court-ordered education or treatment programs
  • Community service
  • A permanent record affecting job or housing opportunities

Prior arrests or injuries during the incident can increase the severity of the case. The stakes rise quickly when alcohol is involved in a public disturbance.

Every case is different, and the outcome depends on the circumstances. This isn’t just about charges—it’s about protecting your future.

How to Defend Against a Public Intoxication Charge

Every case is different. That’s why we tailor our defense strategy to your unique situation—never using a one-size-fits-all approach.

Here’s what we often look at:

  • Was the behavior actually criminal? You can be intoxicated in public without breaking the law.
  • Were your rights violated? If police didn’t follow proper procedures, that could change everything.
  • Is there video or witness support? If someone captured what happened and it contradicts the official story, that matters.
  • Are alternatives available? For first-time charges, diversion programs or agreements may provide a way to avoid a permanent record.

We also push back when the state overreaches. Maybe someone overreacted. Maybe what seemed aggressive was confusion or fear. We listen, ask the right questions, and fight back where it counts.

If you’re in this situation, here’s what to do now:

  • Don’t speak to police without legal help
  • Save any texts, photos, or videos from that day
  • Write down what happened while it’s still fresh

Protect Your Rights—Speak to a Lawyer Today

Public intoxication might not seem serious at first, but the charges can linger. Even a minor misstep can lead to lasting consequences. At McAdams Law Office, we help clients in Greeley navigate charges like these. If you’ve been cited or arrested, don’t wait. Call us at (970) 353-0002 or contact us online to discuss your situation.

DUI/DWAI Victories Criminal Defense Wins

People v. S.M.

Two DUIs downgraded to DWAI,
avoided jail.

People v. M.J.

Assault and child abuse charges
dismissed, evidence issues.

People v. S.D.

DUI dismissed, pled to
Reckless Driving.

People v. S.C.

Theft charge dropped,
quick jury decision.

People v. B.S.

Breath test challenged,
DUI reduced to DWAI.

People v. A.E.

Drug charges dismissed,
validated medical use.

People v. E.B.

No jail, favorable plea despite
three priors.

People v. J.K.

Burglary plea reduced,
avoided severe penalty.

People v. R.G.

One DWAI dismissed, another reduced with minimal work release.

People v. C.R.

Traffic offense reduced,
license saved.

Request Free Consultation

  • *required fields
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.
#

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.