Public Intoxication Defense for Disorderly Conduct Charges
Updated: Sep 14
Facing charges of public intoxication or disorderly conduct can be overwhelming and confusing. While these offenses may seem minor, a public intoxication defense is crucial, as they can still lead to fines, a criminal record, and even jail time in some cases.
What Are Public Intoxication and Disorderly Conduct?
Public intoxication refers to being visibly drunk or under the influence of drugs in a public place. The key factor is that your behavior presents a danger to yourself; or endangers other people or property; or unreasonably annoys people in the vicinity. You may be arrested if a police officer believes your intoxication poses a threat to safety or causes a public disturbance.
Disorderly conduct, on the other hand, has a broader definition and includes various behaviors intend to disturb the peace. These charges might stem from:
Loud or disruptive behavior that prevents others from carrying on lawful activities,
Refuses to obey an official order to disperse to maintain public safety for various circumstances,
Fighting in public or threatening behavior, or
Creating a hazardous situation that has no legitimate purpose.
In some cases, public intoxication and disorderly conduct charges are filed together, which can complicate your case. In Tennessee, both public intoxication and disorderly conduct are classified as a Class C misdemeanor.
How a Public Intoxication Defense Works
Even though public intoxication is considered a minor offense, a conviction can still have long-term consequences. Here’s how an attorney may help you defend against these charges:
Challenging the Evidence: The prosecution must prove that you were visibly intoxicated and causing a disturbance. Your attorney can question the officer's observations or argue that your behavior didn’t meet the legal definition of intoxication.
Arguing Improper Arrest: In some cases, law enforcement may have lacked probable cause to arrest you for public intoxication. Your attorney can argue that the arresting officer didn’t follow proper protocol or misinterpreted the situation.
Presenting Alternative Explanations: A skilled attorney can provide alternative explanations for your behavior. For instance, you might have been acting strangely due to a medical condition, not intoxication.
Negotiating a Dismissal: In some cases, it’s possible to negotiate with the prosecutor to reduce or dismiss the charges, especially if this is your first offense. A strong defense may convince the prosecutor that pursuing the case is unnecessary.
Defending Against Disorderly Conduct Charges
Similar to public intoxication, charges of disorderly conduct can have long-term impacts on your record. A conviction might lead to fines, community service, or even imprisonment. Here’s how an attorney might assist in your defense:
Questioning the Definition of Disorderly Conduct: The law around disorderly conduct is broad, leaving room for interpretation. Your attorney can argue that your behavior didn’t rise to the level of disturbing the peace or creating a public hazard.
Proving Lack of Intent: Disorderly conduct charges often depend on proving intent. If your behavior wasn’t intentional or you didn’t mean to cause a disturbance, your attorney can argue that the charges don’t apply to your case.
Showing Mitigating Factors: In some cases, extenuating circumstances can explain your behavior. For example, stress, anxiety, or fear may have led to a brief outburst that doesn’t warrant criminal charges.
Negotiating Alternatives to Conviction: Even if the evidence is strong, your attorney can work to negotiate alternative penalties, such as probation or a diversion program, to keep the offense off your criminal record.
Build a Strong Public Intoxication Defense
If you’re facing charges of public intoxication or disorderly conduct, don’t wait to seek legal help. These charges may seem minor, but they can lead to serious consequences if not handled properly. With a skilled defense attorney on your side, you can challenge the evidence, negotiate for reduced penalties, and protect your future. Contact Clarke Law Firm today to schedule a consultation. Let us help you build a strong defense and move forward with confidence.
