Colorado Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Colorado: 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 Colorado, consult a licensed Colorado criminal defense attorney.

Colorado Public Intoxication Penalties

OffensePenalty
First OffenseClass 1 petty offense: up to 10 days, $300 fine
Second OffenseClass 2 misdemeanor for repeat

CRS §18-9-106

Public Intoxication Statute of Limitations in Colorado

In Colorado, the general statute of limitations for a felony is 3 years and for a misdemeanor is 18 months.

See all Colorado statutes of limitations →

Defending Against Public Intoxication Charges in Colorado

Common defenses in Colorado 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 Colorado criminal defense attorney for advice.

Related Colorado Laws