Most states view public intoxication as a form of disturbing the peace or causing a public nuisance
A person is legally intoxicated when impaired to such a level the person is a danger to himself or others. Public intoxication is usually charged as an infraction if it only causes a public nuisance.
It can be charged as a misdemeanor if the defendant’s conduct is associated with property damage or injury to another. Public intoxication in some states is equivalent to disorderly conduct.