Maryland Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Maryland: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in Maryland, consult a licensed Maryland criminal defense attorney.

Maryland Public Intoxication Penalties

OffensePenalty
First OffenseMisdemeanor: up to 90 days, $100 fine
Second OffenseMisdemeanor: same

MD Code CR §6-311

Public Intoxication Statute of Limitations in Maryland

In Maryland, the general statute of limitations for a felony is 1 year (misdemeanor only) and for a misdemeanor is 1 year.

See all Maryland statutes of limitations →

Defending Against Public Intoxication Charges in Maryland

Common defenses in Maryland public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Maryland criminal defense attorney for advice.

Related Maryland Laws