A person is guilty of public intoxication when the person appears in a public place manifestly under the influence of alcohol or narcotics or any other drug not administered or prescribed to be taken by a physician, to the degree that the person may be in danger or endanger other persons or property, or annoy persons in the vicinity.

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Public intoxication is a violation, unless the accused has been convicted of public intoxication twice before within 1 year, in which case the offense is an unclassified misdemeanor.

11 Del. C. 1953, § ?1315; 58 Del. Laws, c. 497, § ?1; 67 Del. Laws, c. 130, § ?8; 70 Del. Laws, c. 186, § ?1;