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Is it legal to be drunk in public in North Dakota? The answer might surprise you

On Behalf of | Jan 30, 2025 | Criminal Defense

You stumble out of downtown Fargo’s favorite sports bar after celebrating your team’s big win. You can’t talk clearly or walk straight, but you’ve decided to grab some fresh air before calling for a ride home.

Most states might slap you with a ticket for public intoxication. Still, North Dakota takes a different stance. The state focuses on dangerous behaviors rather than the simple act of being drunk in public. While you may have the freedom to enjoy intoxication in public spaces, there are specific limits you should know about.

What you cannot do while drunk in public

Your behavior matters more than your blood alcohol level when you’re out in public. Watch out for these actions that could land you in legal trouble:

  • Disorderly conduct: Starting fights or screaming at strangers could lead to arrest  
  • Open container laws: Walking around with beer or liquor brings heavy fines
  • Public urination: This offense might require sex offender registration
  • Trespassing: Drunk or sober, private property remains off-limits
  • Risky actions: Pushing others or blocking traffic leads to serious charges

By knowing what behaviors could get you in hot water, you can better gauge your actions after a night out.

Stay safe while drinking in public

Smart planning makes the difference between a fun night out and a trip to jail. Keep these safety tips in mind:

  • Book your ride home before you start drinking
  • Save your bar receipts and credit card slips
  • Stick with friends who watch out for each other
  • Show respect to everyone around you
  • Stop drinking when you feel buzzed
  • Save emergency numbers in your phone

North Dakota gives you more freedom with public intoxication than other states. Your choices and actions determine whether this freedom leads to a good time or legal problems down the line. A lawyer can help you protect your rights if you find yourself in trouble with the law.