Is It Illegal to Be Drunk in Public in Tennessee? The Truth About Public Intoxication

Introduction

You’ve had a few drinks with friends on Broadway in Nashville, Beale Street in Memphis, or near Neyland Stadium in Knoxville. You know better than to drive, so you do the responsible thing: you call an Uber, walk, or sit quietly on a bench waiting for a ride.

Suddenly, an officer approaches you, asks a few questions, and places you in handcuffs for “Public Intoxication.”

Panic and confusion set in. “How can I get arrested for being drunk in public when I was doing the right thing by not driving?”

In Tennessee, thousands of tourists, college students, and locals are arrested for public intoxication every year. But most people get the law completely wrong—simply being drunk in a public place is NOT a crime in Tennessee. Let’s break down what the police actually have to prove before they can lock you up.

The Short Answer

No—it is not illegal to simply be intoxicated in a public place in Tennessee.

Under Tennessee Code Annotated § 39-17-310, the state must prove you were under the influence AND that your intoxication created an immediate safety hazard or disturbance. If you are minding your own business and waiting for a ride, being tipsy or drunk is not enough for a legal conviction.

The Golden Rule

If an officer approaches you while you are walking or waiting outside after drinking, keep your cool and follow this rule:

“Officer, I am minding my own business, waiting for my ride, and exercising my right to remain silent. Am I free to go, or am I being detained?”

Do not argue, do not yell, and do not make sudden physical movements. Slurring an argument at an officer is the #1 way people turn a legal walk home into a criminal charge.

The 3 Aggravating Factors Police MUST Prove

To convict you of Public Intoxication under T.C.A. § 39-17-310, a prosecutor cannot just show you smelled like alcohol or had slurred speech. They must prove beyond a reasonable doubt that your level of intoxication reached one of these three specific aggravating conditions:

1. You Are a Danger to Yourself: You are stumbling into heavy traffic, passed out in a dangerous location, or unable to physically care for your basic safety.
2. You Are a Danger to Others or Property: You are picking fights, knocking over property, or acting aggressively toward people around you.
3. You Unreasonably Annoy People Nearby: You are causing a public nuisance, shouting obscenities, or harassing bystanders in a way that disrupts the peace.

If none of those three factors are present, the crime of public intoxication is legally incomplete.

Where Is a “Public Place” in Tennessee?

Many people are surprised to learn what counts as a “public place” under state law (T.C.A. § 39-11-106). It includes:

• Streets, sidewalks, and public parks.
• Parking lots outside bars, venues, or apartment complexes.
• The inside of bars and restaurants: Even though a bar is privately owned, it is open to the public. If you cause a scene inside a crowded bar, you can be arrested for public intoxication on the spot.

Why Public Intoxication Charges Are Frequently Fought and Beaten

Public Intoxication is a Class C misdemeanor in Tennessee, carrying up to 30 days in jail and a $50 fine. While the fine seems small, a conviction leaves you with a permanent criminal record that pops up on job background checks, housing applications, and college records.

Because the charge relies almost entirely on an officer’s subjective opinion—rather than a blood alcohol test—it is one of the easiest charges for a defense attorney to challenge. Bodycam footage often reveals that the client was standing peacefully, being polite, or simply waiting for an Uber when the officer decided to make an arrest.

What You Should Do If Arrested

• Do not resist: Resisting an officer (even an unlawful arrest) will result in additional, much harsher criminal charges like Resisting Arrest or Disorderly Conduct.
• Preserve your ride details: Keep Uber/Lyft receipts, text messages with friends, or phone logs showing you were actively trying to get home safely before the police intervened.
• Get an expungement-focused defense: For first-time offenders, an experienced attorney can often get public intoxication charges dismissed and completely expunged (erased) from your criminal record.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

Call to Action

If you were cited or arrested for public intoxication in Tennessee:

👉 Don’t talk. Call 1-888-DRJUDGE