§ 76-9-110 — Public intoxication.

(1) (1)(a) As used in this section, "minor" means an individual who is younger than 21 years old.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits public intoxication if the actor:
(2)(a) (2)(a)(i) is in a public place; or
(2)(a)(ii) in a private place where the actor could unreasonably disturb other individuals;
(2)(b) is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors; and
(2)(c) is under the influence to a degree that it may endanger the actor or another individual.
(3) A violation of Subsection (2) is a class C misdemeanor.
(4) (4)(a) A peace officer or a magistrate may release an actor from custody arrested under this section if the peace officer or magistrate believes incarceration is unnecessary for the protection of the actor or another individual.
(4)(b) A peace officer may take the actor to a detoxification center or other special facility as an alternative to incarceration or release from custody.
(5) (5)(a) If a minor is found by a court to have committed a violation of Subsection (2) and the violation is the minor's first violation of Subsection (2), the court may:
(5)(a)(i) order the minor to complete a screening as defined in Section 41-6a-501;
(5)(a)(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(5)(a)(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
(5)(b) If a minor is found by a court to have violated Subsection (2) and the violation is the minor's second or subsequent violation of Subsection (2), the court shall:
(5)(b)(i) order the minor to complete a screening as defined in Section 41-6a-501;
(5)(b)(ii) order the minor to complete an assessment as defined in Section 41-6a-501 if the screening indicates an assessment to be appropriate; and
(5)(b)(iii) order the minor to complete an educational series as defined in Section 41-6a-501 or substance use disorder treatment as indicated by an assessment.
(6) (6)(a) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated Subsection (2), the court shall suspend the minor's driving privileges under Section 53-3-219.
(6)(b) Notwithstanding the requirement in Subsection (6)(a), the court may reduce the suspension period required under Section 53-3-219 if:
(6)(b)(i) the violation is the minor's first violation of Subsection (2); and
(6)(b)(ii) (6)(b)(ii)(A) the minor completes an educational series as defined in Section 41-6a-501; or
(6)(b)(ii)(B) the minor demonstrates substantial progress in substance use disorder treatment.
(6)(c) Notwithstanding the requirement in Subsection (6)(a) and in accordance with the requirements of Section 53-3-219, the court may reduce the suspension period required under Section 53-3-219 if:
(6)(c)(i) the violation is the minor's second or subsequent violation of Subsection (2);
(6)(c)(ii) the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
(6)(c)(iii) (6)(c)(iii)(A) the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a); or
(6)(c)(iii)(B) the minor is under 18 years old and has the minor's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (6)(a).
(7) When a minor who is younger than 18 years old is found by a court to have violated Subsection (2), the provisions regarding suspension of the driver's license under Section 80-6-707 apply to the violation.
(8) Notwithstanding Subsections (5)(a) and (b), if a minor is adjudicated under Section 80-6-701, the court may only order substance use disorder treatment or an educational series if the minor has an assessed need for the intervention based on the results of a validated assessment.
(9) When the court issues an order suspending an actor's driving privileges for a violation of Subsection (2), the actor's driver license shall be suspended under Section 53-3-219.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session