Public Intoxication in Maryland: What You Need to Know
A lot of people think Maryland does not have any law against being drunk in public. That is not quite right. While Maryland does not have a broadly worded "public intoxication" statute like some other states, it does have a specific law called "disorderly intoxication" under the Alcoholic Beverages and Cannabis Code § 6-320. On top of that, police regularly charge intoxicated individuals with disorderly conduct and other offenses. If you were arrested while intoxicated in a public place, this page explains the charges you might be facing and how to defend against them.
Maryland's Disorderly Intoxication Law (§ 6-320)
Under Alcoholic Beverages and Cannabis Code § 6-320, it is illegal to:
- Be intoxicated and endanger the safety of another person or property; or
- Be intoxicated or consume an alcoholic beverage in a public place and cause a public disturbance.
This is a misdemeanor. A conviction carries up to 90 days in jail and/or a $100 fine. That is actually a stiffer jail penalty than disorderly conduct, which maxes out at 60 days.
There are two important things to notice about this statute. First, simply being intoxicated in public is not enough by itself. Under subsection (a)(1), you have to be intoxicated AND endanger someone's safety or property. Under subsection (a)(2), you have to be intoxicated or drinking in public AND cause a public disturbance. The State has to prove both parts.
Second, the statute covers two different scenarios. Subsection (a)(1) does not require you to be in a public place at all. You could be on private property and still be charged if you are intoxicated and endangering someone's safety. Subsection (a)(2) specifically requires the conduct to happen in a public place, but it also covers simply consuming alcohol in public (not just being intoxicated) if you cause a disturbance.
Other Charges Police File When You Are Drunk in Public
Disorderly intoxication under § 6-320 is not the only charge you might face. Police often stack additional charges depending on the circumstances. Here is what commonly gets filed alongside or instead of disorderly intoxication:
Disorderly Conduct is by far the most common charge. Under Criminal Law § 10-201, a person may not willfully act in a disorderly manner that disturbs the public peace. A person also may not willfully make an unreasonably loud noise that disturbs the peace of others in a public place, on private property, or on a public conveyance. And a person may not willfully fail to obey a reasonable and lawful order from a law enforcement officer made to prevent a disturbance to the public peace.
Disorderly conduct is a misdemeanor punishable by up to 60 days in jail and/or a $500 fine. It shows up on your criminal record. For many people, that is reason enough to take it seriously and consider hiring a criminal defense lawyer.
Open Container Violations are another common charge when alcohol is involved. Under Criminal Law § 10-125, it is illegal to possess an open container of alcohol in certain public areas. This is actually a civil offense, not a criminal one, and carries a fine. While the consequences for an open container citation alone are minor, it often shows up alongside more serious charges.
Trespass can come into play if you are intoxicated and refuse to leave private property, a business, or a restricted area after being asked. Maryland trespass law allows property owners and law enforcement to remove people from premises, and refusing to leave while intoxicated is a fast way to pick up a criminal charge.
Resisting Arrest is sometimes added if an intoxicated person becomes combative or physically uncooperative with police during an encounter that started as a simple public drunkenness situation. Under Maryland law, resisting arrest is a separate criminal charge that can make a bad situation much worse.
Second Degree Assault charges can come up if the intoxicated person makes physical contact with a police officer or another person. Even minor contact, like pushing or grabbing, can result in an assault charge. If the contact is with a law enforcement officer, you could be looking at assault on law enforcement, which carries enhanced penalties.
The Connection Between Public Intoxication and DUI
Many public intoxication situations start with a traffic stop or a car parked somewhere it should not be. If you were drinking and got behind the wheel, the charges can escalate quickly from a public conduct issue to a DUI or DWI. Even if you were not driving at the time police found you, if you were in actual physical control of a vehicle while intoxicated, you can be charged under Maryland Transportation § 21-902.
Under Maryland law, "drive" includes being in actual physical control of a vehicle. Courts have interpreted this broadly. If you were sleeping in your car with the keys accessible, you could face DUI charges. We have a whole page on whether you can get a DUI sleeping in your car that covers this in more detail.
If you are under 21, the stakes are even higher. Maryland has a zero-tolerance policy for underage drinking and driving. Even trace amounts of alcohol can lead to charges and license consequences. Our page on DUI for people ages 18-20 has more on how these cases are handled.
Local Ordinances Can Add Charges
While Maryland does not have a state-level public intoxication law, some local jurisdictions have their own ordinances that effectively criminalize alcohol-related public behavior. Counties and municipalities in Maryland may have local laws covering things like drinking in parks, on sidewalks, or in other designated areas. The penalties and enforcement vary by location.
This means the exact charges you face for being intoxicated in public can differ depending on whether you were in Prince George's County, Anne Arundel County, Howard County, Montgomery County, or Baltimore City. An attorney who knows the local courts and prosecutors can make a real difference in how your case plays out.
Defenses to These Charges
Just because you were intoxicated when you were arrested does not mean you are automatically guilty. There are several defenses that come up regularly in these cases.
You did not endanger anyone or cause a disturbance. This is the most important defense to a § 6-320 charge. The statute requires more than just being drunk. Under subsection (a)(1), the State must prove you endangered the safety of another person or property. Under subsection (a)(2), the State must prove you caused a public disturbance. If you were simply intoxicated and minding your own business, the State cannot meet its burden.
The conduct was not "willful." For a disorderly conduct charge under § 10-201, the State must prove that the defendant acted willfully. If you were so intoxicated that your behavior was involuntary, or if you were simply confused and not intentionally causing a disturbance, the State may have a hard time meeting this element.
The noise or behavior was not unreasonable. Being loud is not automatically disorderly. The statute requires that the noise be "unreasonably" loud and that it actually disturb the peace. Context matters. A person talking loudly outside a bar at midnight is different from a person screaming in a residential neighborhood at 3 a.m.
The police order was not lawful or reasonable. If disorderly conduct is based on failing to obey a police order, the defense can challenge whether the order was both reasonable and lawful. Officers cannot give arbitrary commands and then charge someone with a crime for not complying.
You were not in a public place. Some of these charges require that the conduct occur in a public place or public conveyance. If you were on private property, or in an area that does not qualify as "public" under the statute, that could be a complete defense.
The stop or arrest was unlawful. If the police did not have a lawful basis to approach, detain, or arrest you, any evidence gathered during that encounter may be suppressed. This can result in charges being dismissed entirely.
What Happens If You Are Convicted?
The penalties depend on which charge you are convicted of.
For disorderly intoxication under § 6-320, the maximum penalty is 90 days in jail and/or a $100 fine. For disorderly conduct under Criminal Law § 10-201, the maximum is 60 days in jail and/or a $500 fine. Both are misdemeanors. Both go on your criminal record and can show up on background checks for employment, housing, and professional licensing.
The good news is that disorderly conduct is one of the offenses eligible for expungement under Maryland law. If you receive a probation before judgment (PBJ) or are found not guilty, you may be able to have the record removed. Even a conviction for disorderly conduct is classified as a "shieldable conviction" under Criminal Procedure § 10-301, meaning you may be able to have the record shielded from public view after a waiting period.
What to Do If You Were Arrested
If you were arrested for conduct related to being intoxicated in public, there are a few things to keep in mind.
Do not assume the charges are minor. A misdemeanor conviction creates a permanent criminal record unless you take steps to expunge or shield it. Even a $500 fine can have lasting consequences.
Write down everything you remember about the encounter as soon as possible. What did the officer say? Were you given a command? Did anyone else witness what happened? These details matter for building a defense.
Contact a lawyer. Many of these cases are very defensible, especially when the arrest was based on subjective judgments about your behavior rather than hard evidence of a specific crime.
At FrizWoods, we handle disorderly conduct, open container, and alcohol-related charges across Maryland, including in Prince George's County, Anne Arundel County, Howard County, Montgomery County, and Baltimore City. Contact us for a free consultation to discuss your case.
FAQs
Q: Is public intoxication a crime in Maryland?
A: Maryland does not have a broad "public intoxication" law, but it does have a "disorderly intoxication" statute under Alcoholic Beverages and Cannabis Code § 6-320. Under that law, it is illegal to be intoxicated and endanger someone's safety, or to be intoxicated in a public place and cause a disturbance. The penalty is up to 90 days in jail and/or a $100 fine. You can also be charged with disorderly conduct or other offenses depending on the circumstances.
Q: What is the penalty for disorderly conduct in Maryland?
A: Disorderly conduct is a misdemeanor under Criminal Law § 10-201, punishable by up to 60 days in jail and/or a $500 fine. It results in a criminal record, though it may be eligible for expungement in certain situations.
Q: What is the difference between disorderly intoxication and disorderly conduct?
A: Disorderly intoxication under § 6-320 specifically requires proof that you were intoxicated and either endangered someone's safety or caused a public disturbance. It carries up to 90 days in jail but only a $100 fine. Disorderly conduct under Criminal Law § 10-201 does not require intoxication at all. It covers willfully acting in a disorderly manner, making unreasonably loud noise, or failing to obey a lawful police order. It carries up to 60 days in jail but a higher fine of $500. Police may charge one or both depending on the facts.
Q: Can I get a DUI if I was not driving but was drunk near my car?
A: Potentially, yes. Maryland law defines "driving" to include being in actual physical control of a vehicle. If you were in or near your car with the keys available, you could face DUI charges even if the car was parked and the engine was off.
Q: Can a disorderly conduct charge be expunged?
A: Yes. Disorderly conduct is eligible for expungement if you receive a PBJ, a not guilty finding, or a dismissal.
Q: I was just being loud outside a bar. Can I really be charged with a crime?
A: It depends on the circumstances. Being loud is not automatically a crime. The State has to prove you willfully acted in a disorderly manner that disturbed the public peace, or that you made unreasonably loud noise. Context, location, time of night, and the nature of the noise all factor into whether the charge holds up.
Q: Should I hire a lawyer for a disorderly conduct charge?
A: It is strongly recommended. A disorderly conduct conviction creates a criminal record that can affect employment and housing. A criminal defense attorney can evaluate the strength of the State's case, raise defenses, and potentially get the charge reduced or dismissed.