Public Intoxication Charges
While only considered a misdemeanor under Michigan law, public intoxication charges can have far reaching consequences if they result in a conviction. Not only can this result in fines and jail time, it also can leave a permanent mark on an individual’s criminal record, hindering future opportunities for employment and social events. This is especially true for professionals, students and others who have a lot at stake to lose.
For this reason, it is important for those facing these charges to understand the legal aspects surrounding a public intoxication charge, as well as the risks involved in a conviction. It is important for those facing these charges to work with an experienced criminal defense attorney to ensure their rights are protected and they have the best legal outcome possible.
What is Public Intoxication?
In Michigan there isn’t a standalone statute specifically addressing public intoxication. Instead, this is addressed under disorderly conduct laws. Specifically, it lists a person as disorderly if they are intoxicated in a public place while either endangering directly the safety of others or of property, or acting in a manner that causes a public disturbance. It is important to understand this distinction because simply being drunk in public isn’t necessarily a crime.
As an example, an individual keeping to themselves walking down the street after having a few drinks at a bar would not be considered to be publicly intoxicated. However, if this individual were to be yelling, stumbling into traffic, or creating a disturbance, that behavior could be considered enough to charge them with public intoxication. Law enforcement has a certain degree of discretion in these cases, which can lead to inconsistent enforcement or even wrongful arrests.
Consequences of a Conviction
Being convicted of public intoxication in Michigan under the disorderly conduct statute is a serious matter. Those convicted of this misdemeanor offense face a number of consequences, including:
- Up to 90 days jail time
- Up to a $500
- Possible substance abuse evaluation or treatment
- Probation, which may possibly include community service
Although this may seem like a relatively light legal matter, the consequences of a conviction can cause serious interruptions to an individual’s personal and professional life. Repeat offenders usually face harsher consequences, and any aggravating circumstances such as resisting arrest and damaging property can add additional charges.
Taking Action
If you or someone you know has been charged with public intoxication in Michigan, it’s important to consult with a criminal defense attorney as early as possible. A competent legal team can evaluate the details of a case and help develop a solid defense strategy for those facing these charges.
The experienced criminal defense attorneys at Kelly & Kelly P.C. have decades of combined experience successfully defending individuals facing substance abuse and alcohol related charges. Contact us today to discuss your case and ensure your rights and reputation are protected while ensuring the best possible legal outcome.
