Public intoxication may also be considered to be drunk and disorderly conduct and is typically considered a misdemeanor in most areas, especially on a first offense. Public intoxication laws are determined by the states, so there is some variation in what is required to have this type of charge. In most areas an individual must be acting in a disruptive or unacceptable fashion, be found to have consumed alcohol, drugs or any other type of controlled substance, and be in a public place or a private residence that is not their own without the consent of the owner. In other words if you are drunk or intoxicated and yelling, swearing or acting inappropriately at a friends house and they ask you to leave, you can be charged with public intoxication if the police are called, even though you are in someone's home. There is no requirement for a breathalyzer in most states, it is the appearance of intoxication or the simulation of intoxication at the officer's discretion that will be the deciding factor for the arrest and subsequent charges.