Criminal Law FAQs – Drunk and Disorderly

According to Michigan State Law (Michigan Compiled Laws – MCL), there isn’t a specific statute that solely defines “Public Drunkenness” as a statewide criminal offense in the same way some other states might have a dedicated “drunk and disorderly” law.

However, conduct associated with public intoxication can be addressed under various laws, primarily Disorderly Conduct and local ordinances.

MCL 750.170 (Disorderly Person) prohibits certain behaviors in public that are considered disruptive or offensive. While not exclusively targeting intoxication, this statute can be applied to individuals who are intoxicated in public and engage in behaviors such as:

• Being drunk and endangering the safety of another person or property.
• Engaging in indecent, obscene, or disorderly conduct in a public place.
• Accosting, insulting, accosting, or following any person in any public place or on or near any street or highway.
• Engaging in any window peeping.
• Loitering in any place of public resort so as to impede the lawful business carried on by the owner or operator thereof or so as to disturb other persons lawfully in such place.
• Jostling or roughly crowding or pushing any person in a public place.

This charge can quickly compound into multiple felonies including assault, resisting and obstructing as well as whatever they feel like throwing on.

FAQ 1: Does Michigan have a specific law against being drunk in public?

No, Michigan does not have a specific statewide law that solely criminalizes being intoxicated in public. However, Disorderly Person (MCL 750.170) can be used to charge individuals who are intoxicated in public and engage in disruptive or dangerous behaviors, such as endangering themselves or others, being indecent, or disturbing the peace. Additionally, many local municipalities may have ordinances that address public intoxication or related conduct.

FAQ 2: What are the potential penalties for a Disorderly Conduct conviction under MCL 750.170?

A conviction for being a Disorderly Person under MCL 750.170 is generally a misdemeanor. The potential penalties can include:

• Jail Time: Up to 90 days.
• Fines: Up to $500.
• Court Costs: Additional fees associated with the court proceedings.
• Community Service: The court may order the individual to perform community service.

Local ordinances may have different penalty structures, but they generally align with misdemeanor-level punishments.

FAQ 3: Can I be arrested simply for being drunk in public in Michigan?

You are generally not supposed to be arrested solely for being intoxicated in public in Michigan, unless your intoxication leads to behaviors that violate the Disorderly Conduct statute or a local ordinance. Law enforcement often has the discretion to address public intoxication through other means, such as providing transportation to a safe place (e.g., a detoxification center or home) if the individual is not a danger to themselves or others and is cooperative. However, if your intoxication is accompanied by disruptive, dangerous, or offensive behavior, an arrest for Disorderly Conduct (or a similar local charge) is likely.

FAQ 4: What factors do law enforcement consider when deciding whether to arrest someone for public intoxication-related conduct in Michigan?

Law enforcement officers typically consider several factors when deciding how to handle a situation involving public intoxication:

• Danger to Self or Others: If the intoxicated person is a threat to their own safety (e.g., unable to care for themselves, at risk of injury) or the safety of others.
• Disruptive Behavior: If the person is engaging in loud, aggressive, indecent, or otherwise disruptive conduct that disturbs the peace.
• Public Nuisance: If the person’s intoxication is creating a significant public nuisance or impeding lawful activities.
• Cooperation: Whether the intoxicated individual is cooperative with officers or is resisting or belligerent.
• Availability of Alternatives: Whether there are safe alternatives to arrest, such as transportation to a sober friend or family member, or a detoxification facility.
• Local Ordinances: Specific local laws regarding public intoxication or related conduct in that jurisdiction.

FAQ 5: What are some potential legal defenses against Disorderly Conduct charges related to public intoxication in Michigan, and how is Komorn Law experienced in fighting these types of charges?

Several potential legal defenses can be raised against Disorderly Conduct charges stemming from public intoxication in Michigan:

• Lack of Public Place: Arguing that the alleged conduct did not occur in a “public place” as defined by law or ordinance.
• No Endangerment or Disturbance: Demonstrating that the intoxication did not lead to any actual endangerment of oneself or others, nor did it create a significant disturbance of the peace.
• First Amendment Rights: In some limited cases, arguing that the conduct was protected speech or expression and did not rise to the level of disorderly conduct.
• Illegal Stop or Arrest: Challenging the legality of the initial police interaction or the arrest if there was no lawful basis for it.
• Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the individual engaged in the specific prohibited behaviors outlined in the statute or ordinance.
• Medical Conditions: Presenting evidence of a medical condition that may have been mistaken for intoxication or contributed to the behavior.

Komorn Law has extensive experience in defending individuals against various misdemeanor charges in Michigan, including Disorderly Conduct offenses that may arise from situations involving public intoxication. Their attorneys are skilled at:

• Thoroughly investigating the facts of the arrest, including reviewing police reports, witness statements, and any available video evidence.
• Identifying potential weaknesses in the prosecution’s case, such as lack of evidence of disruptive behavior or an unlawful stop.
• Protecting your constitutional rights throughout the legal process.
• Negotiating with prosecutors for potential plea bargains or reduced charges.
• Vigorously representing clients at trial when necessary, presenting compelling defenses to the court.
• Understanding local ordinances that may apply in addition to state law.

If you or someone you know is facing Disorderly Conduct charges related to public intoxication in Michigan, contacting the experienced legal team at Komorn Law can provide crucial support and a strong defense to protect your rights and minimize potential penalties.

Facing a Drunk and Disorderly or Public Intoxication charge in Michigan?

sFacing those charge in Michigan can have serious consequences affecting your driving privileges, job, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court