Contrary to popular belief, Ohio has no specific law against “public intoxication.” If intoxication in public were illegal, bars and similar establishments would have difficulty operating.
However, Ohio does have laws against disorderly conduct, and being intoxicated can increase the likelihood of being charged with this offense if your behavior disturbs others or creates a dangerous situation.
At Hiltner Trial Lawyers, our dedicated legal team has extensive experience defending individuals against public nuisance charges like disorderly conduct. Whether you were accused of causing a disturbance or facing more serious allegations, we’re here to protect your rights and provide personalized legal support.
So what exactly does Ohio law say about drunk and disorderly conduct? In this blog, our criminal defense lawyers share what you need to know about Ohio’s public intoxication laws.
Disorderly Conduct Laws in Ohio
Ohio Revised Code Section 2917.11 defines disorderly conduct as “recklessly causing inconvenience, annoyance, or alarm to another” by engaging in specific prohibited behaviors, including:
- Fighting or threatening someone
- Making unreasonable noise or using abusive language
- Insulting, taunting, or provoking someone to elicit a violent response
- Blocking traffic
- Causing harm to persons or property
Disorderly conduct is typically classified as a minor misdemeanor, punishable by a fine of up to $150.
However, the offense becomes aggravated disorderly conduct under certain circumstances, such as:
- Continuing the behavior after being warned to stop
- Committing the offense near a school
- Engaging in the conduct in the presence of an emergency responder
Aggravated disorderly conduct is classified as a fourth-degree misdemeanor, which carries more severe penalties, including up to 30 days in jail and a fine of up to $250.
What Does “Drunk and Disorderly” Mean?
Ohio’s law takes on a broader scope when intoxication is involved. Under Section 2917.11, an intoxicated person can be charged with disorderly conduct if they:
- Engage in offensive conduct or cause inconvenience, annoyance, or alarm to “persons of ordinary sensibilities”
- Engage in conduct that risks physical harm to themselves, someone else, or someone else’s property
The interpretation of these actions is often subjective, leaving much to the discretion of arresting officers. For example, officers may consider someone’s behavior, speech, or physical coordination to determine whether they are intoxicated.
How Do Officers in Ohio Assess Intoxication?
According to Ohio law, anyone who appears intoxicated “to an ordinary person” can be considered intoxicated. While this is somewhat vague, officers typically rely on observable behaviors, such as:
- Trouble maintaining balance
- Slurred speech
- Blurry vision
- Stumbling or falling
While intoxication might make an arrest more likely, it’s essential to understand that you can be charged with disorderly conduct even if you are completely sober. The key element of the law is whether your behavior disrupts the peace or creates a dangerous situation.
If you’re simply enjoying yourself without bothering others or creating a hazard, you are unlikely to face legal consequences for being intoxicated in public.
While public intoxication itself is not a crime in Ohio, driving while intoxicated is a serious offense with severe consequences. So if you do get drunk in public, make sure not to get behind the wheel.
Contact Our Ohio Criminal Defense Attorneys at Hiltner Trial Lawyers Today
If you’ve been charged with disorderly conduct or any related offense, consulting with a criminal defense attorney right away can make a significant difference to the outcome of your case. At Hiltner Trial Lawyers, we have extensive experience defending clients from all kinds of public nuisance laws, from disorderly conduct to DUIs.
Contact us today at 330-475-3164 to schedule a free consultation and discuss your case. We’re here to answer your questions and help you protect your rights and achieve the best possible outcome.
