Most people think being drunk in public is illegal everywhere. Makes sense, right? But here’s the thing about Colorado: you’re not going to get arrested just for being intoxicated in public. Seriously. Colorado treats public drunkenness as a health issue, not a crime. Let’s break down what this actually means for you.
What Makes Colorado Different?
Colorado doesn’t have a law against public intoxication. You read that right. Being drunk in public, by itself, is not a crime in Colorado. The state made this choice on purpose.
Emergency services in Colorado are trained to help intoxicated people, not arrest them. If someone finds you drunk on the street, they’re supposed to help you get home safely or take you to a treatment center. Think of it like calling an ambulance, not the cops.
Local cities and towns can’t create their own public intoxication laws either. The state banned them from doing that. So whether you’re in Denver, Colorado Springs, Boulder, or anywhere else in Colorado, the rules are the same.
Pretty unusual, honestly.
So Can You Actually Get Arrested While Drunk?
Hold on, this part is important. Just because public intoxication isn’t illegal doesn’t mean you’re totally in the clear. You can absolutely still get arrested if you commit crimes while intoxicated.
The catch is what counts as a crime. It’s not just obvious stuff like getting in fights or stealing. Colorado has laws against disorderly conduct, public nuisance, and harassment. These are the charges that usually come up when someone’s drunk in public.
Wondering if this applies to you? Let me break it down.
Disorderly Conduct: The Most Common Charge
This is the big one. Disorderly conduct is what police charge you with when your drunk behavior crosses the line. It covers a lot of ground.
You can get charged with disorderly conduct if you make offensive gestures or say things that could start a fight. Making unreasonable noise in public or near someone’s home counts too. Fighting in public is disorderly conduct unless it’s an actual sporting event. Firing a gun in public is also included, except for legal hunting or target practice.
The penalties depend on what you did. Fighting in public is a petty offense. You could face up to 10 days in jail and a $300 fine. Making offensive remarks or too much noise is usually a petty offense too, with the same penalties.
But wait, it gets more serious. If you display a weapon to alarm people, that’s a class 2 misdemeanor. This carries up to 120 days in jail and a $750 fine. Firing a gun in public? That’s a class 1 misdemeanor with up to 364 days in jail and a $1,000 fine.
Basically, the more dangerous or disruptive your behavior, the harsher the penalty.
Public Nuisance Charges
Public nuisance is another charge that comes up with drunk behavior. This law is about disturbing the peace or interfering with other people’s ability to enjoy public or private property.
Examples include being loud in residential areas. Blocking sidewalks or roads. Doing anything that prevents others from peacefully using public spaces. Even serving alcohol to minors or drug dealing falls under public nuisance laws.
The penalties vary based on what you did and any damage you caused. Class 2 public nuisances can result in fines and jail time. Less serious violations might just get you a warning or small fine.
Not sure what counts as a violation? The key question is whether your behavior interfered with other people’s rights to use public or private property peacefully.
Harassment Laws
Harassment charges often go hand in hand with drunk behavior. Colorado defines harassment pretty broadly. You can get charged if you intentionally annoy, alarm, or harass someone.
This includes insulting or taunting someone to provoke a fight. Following someone in public. Repeatedly calling someone or showing up at inconvenient times. Making obscene comments through phone, text, or social media also counts.
Most harassment charges are class 2 misdemeanors. These carry up to 120 days in jail and fines up to $750. Some types of harassment are petty offenses with up to 10 days in jail and a $300 fine.
Here’s where things get serious. If you harass someone based on their race, religion, color, national origin, or disability, it becomes a class 1 misdemeanor. That’s up to 364 days in jail and a $1,000 fine. Following someone in public or touching them without permission is also a class 1 misdemeanor.
Sound complicated? It’s actually not. Just don’t bother, threaten, or repeatedly contact people when you’re drunk.
What Actually Happens If Police Find You Drunk
Okay, pause. Read this carefully. If police find you drunk in public but you’re not breaking any laws, they usually won’t arrest you. Their main concern is your safety.
Officers might offer to drive you home. They could take you to a detox center. Sometimes they call someone to pick you up. They’re trained to treat intoxication as a health issue, not a criminal one.
You could face arrest if your behavior puts others at risk. Being aggressive, threatening people, or causing a scene changes everything. Even minor incidents can lead to charges when alcohol is involved.
Related Charges You Should Know About
There are a few other alcohol-related charges in Colorado. These don’t require you to be drunk in public, but they’re worth knowing about.
Open container laws make it illegal to have open alcohol in your car. This is a Class A traffic infraction. It applies whether you’re the driver or a passenger.
DUI and DWAI are serious charges. DUI means driving with a blood alcohol content of 0.08% or higher. DWAI is driving while ability impaired, which is 0.05% to 0.08%. First-time DUI penalties include fines up to $1,000, up to one year in jail, and license suspension.
These are separate from public intoxication, but alcohol is involved, so they’re related.
Real-World Examples
A friend asked me about this last week. They wondered if they could get in trouble for walking home drunk from a bar. The answer? Not unless they do something else wrong.
Just walking while intoxicated is fine. Yelling at people along the way is not. Fighting with someone is definitely not. Starting arguments with strangers will get you arrested.
Many people assume any drunk behavior in public is illegal. They find out the hard way that specific actions matter more than just being intoxicated.
Special Circumstances
There are some situations where the rules work a bit differently. If you’re drunk and in possession of a weapon, that’s a separate crime. Carrying a firearm while intoxicated is illegal in Colorado, even if you have a concealed carry permit.
If you’re intoxicated and someone calls for help because you’re in medical distress, you won’t be arrested. The focus is on getting you medical care, not punishing you.
Domestic violence situations are treated differently too. If alcohol is involved in a domestic dispute, police are required to make an arrest if they suspect domestic violence occurred.
What To Do If You’re Charged
Stay calm if you get charged with anything while intoxicated. Arguing with police or resisting arrest only makes things worse. Cooperate and sort things out later.
Write down everything you remember after your release. Include the time, place, and any witnesses. What exactly did you do or say? Who else was there? This information helps your defense.
Don’t post about your case on social media. Literally anything you post can be used against you in court. Just stay quiet online until your case is resolved.
Contact a criminal defense attorney as soon as possible. These charges can affect your criminal record, your job, and your future. An attorney can help reduce charges or get them dismissed.
Trust me, this works.
The Bottom Line
Colorado’s approach to public intoxication is unique. You won’t get arrested just for being drunk in public. The state treats intoxication as a health concern, not a criminal matter.
But don’t let that fool you. Your behavior while drunk absolutely matters. Disorderly conduct, harassment, and public nuisance are all crimes. The penalties range from small fines to serious jail time.
If you’re going to drink in public, keep it quiet and respectful. Don’t bother other people. Don’t make a scene. Don’t get into fights. Follow these rules and you’ll be fine.
Now, here’s where it gets interesting. Even though Colorado is lenient on public intoxication itself, police still have discretion. They can decide whether your behavior crosses the line. What seems harmless to you might look different to an officer.
Honestly, the best approach is simple. If you’re drunk, get home safely. Call a ride. Ask a friend for help. Don’t wander around causing problems. Colorado gives you the freedom to be intoxicated in public without criminal charges, but that freedom comes with responsibility.
Stay safe out there.
Frequently Asked Questions
Can I get arrested just for being drunk in Colorado?
No. Public intoxication by itself is not a crime in Colorado. You can only be arrested if you commit another crime while intoxicated, like disorderly conduct or harassment.
What counts as disorderly conduct in Colorado?
Disorderly conduct includes making offensive gestures that could start a fight, making unreasonable noise in public, fighting with someone, or firing a gun in public. The penalties range from 10 days in jail to one year, depending on what you did.
Can cities in Colorado create their own public intoxication laws?
No. Colorado state law prevents local governments from making public intoxication illegal. The rules are the same throughout the entire state.
What should I do if police find me drunk in public?
Cooperate with officers and stay calm. If you’re not breaking any laws, they’ll likely help you get home safely or to a treatment center. Don’t argue or cause a scene, as that could lead to charges.
Is carrying a weapon while drunk illegal in Colorado?
Yes. You cannot carry a firearm while intoxicated in Colorado, even with a concealed carry permit. This is a separate crime from public intoxication and carries its own penalties.
Final Thoughts
Now you know the basics. Colorado won’t arrest you just for being drunk in public. That’s actually pretty progressive compared to most states. But remember, your actions while drunk still matter.
Stay informed, stay safe, and when in doubt, call a ride home instead of walking. Your future self will thank you. And if you do end up facing charges, talk to a lawyer right away. They can help protect your rights and your record.
References
- Colorado Revised Statutes § 18-9-106, Disorderly Conduct (https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf)
- Colorado Revised Statutes § 18-9-111, Harassment – Kiana Arellano’s Law (https://law.justia.com/codes/colorado/title-18/article-9/part-1/section-18-9-111/)
- Colorado Department of Revenue, Liquor Enforcement Laws (https://sbg.colorado.gov/liquor-enforcement-laws-rules-regulations)
- Weedenlaw.com, Colorado Liquor Laws and the Consequences for Violating Them (https://www.weedenlaw.com/colorado-liquor-laws/)
- Shouselaw.com, Disorderly Conduct – Colorado Law & Penalty (https://www.shouselaw.com/co/defense/laws/disorderly-conduct/)
