ARS 36-2031 states, “No county, municipality or other political subdivision may adopt or enforce any local law, ordinance, resolution or rule having the force of law that includes being a common drunkard or being found in an intoxicated condition as one of the elements of the offense giving rise to criminal or civil penalty or sanctions…”
Typically, law enforcement will find a basis other than being intoxicated to arrest someone who is drunk in public. Some offenses may include disorderly conduct and trespass. If the person is a potential harm to himself or others, law enforcement may transport the person to an alcohol treatment center.
Have other questions related to public drunkenness or criminal law? Contact criminal defense attorney Jeremy Geigle for a free consultation regarding your question.