Public Intoxication in Toledo
Public Intoxication in Toledo: When is it a crime?
Whether you were walking home from a bar, celebrating with friends, or simply had one too many, being intoxicated in public can lead to criminal charges in Ohio—especially in places like Toledo, where police routinely patrol nightlife areas and other areas where alcoholic drinks are served
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While public intoxication is not a crime by itself under Ohio law, related offenses like disorderly conduct while intoxicated can result in arrest, fines, and a criminal record.
If you or a loved one has been cited or arrested for public intoxication in Toledo or Lucas County, it’s important to understand your rights and legal options. At Brian C. Morrissey, Attorney at Law, we defend clients against alcohol-related charges and help them avoid lasting consequences.
Is Public Intoxication Illegal in Ohio?
Ohio does not have a specific statute criminalizing “public intoxication” on its own. However, under Ohio Revised Code § 2917.11, a person who is intoxicated in public and causes a disturbance may be charged with:
Disorderly Conduct While Intoxicated (ORC § 2917.11(B)(1)-(2))
This includes being in a condition where your behavior:
· Presents a risk of harm to yourself or others; or
· Annoys, alarms, or inconveniences people nearby.
Examples include:
· Shouting or arguing in public while drunk
· Falling asleep or vomiting in public areas
· Blocking traffic or pedestrians
· Being uncooperative with police or security
· Fighting in public
What Are the Penalties?
Disorderly conduct is typically a minor misdemeanor, but it can be upgraded to a fourth-degree misdemeanor in certain situations, such as:
· Refusing to leave a public place after being asked
· Creating a substantial risk to public safety
· Engaging in the same conduct after a prior warning
Even though jail time is uncommon for first-time offenses, a conviction creates a permanent criminal record, which can affect jobs, student status, housing, and more.
Common Locations for Public Intoxication Arrests in Toledo
· Downtown bars and clubs
· Adams Street nightlife district
· Near the University of Toledo campus
· Huntington Center (after concerts or games)
· Old West End festivals and events
· College house parties or block parties
Police sometimes conduct pedestrian checks, respond to noise complaints, or act on security calls from bars and venues. If they believe you’re visibly impaired and creating a disturbance, they may detain or cite you—even if no one was harmed.
What to Do If You’ve Been Charged
✅ Don’t Ignore the Citation
Even if it’s a minor misdemeanor, failure to appear in Toledo Municipal Court can result in a bench warrant and additional penalties.
✅ Don’t Just Plead Guilty
A guilty plea—even to a minor charge—can create a public criminal record. You may have defenses or be eligible for diversion programs.
✅ Contact a Criminal Defense Attorney
We can evaluate the citation, review police reports, and explore options to have your charge dismissed, reduced, or sealed.
Common Defenses to Public Intoxication Charges
While every case is different, potential defenses may include:
· No actual disturbance or danger: You were drunk but not disruptive or threatening
· Violation of your rights: Police detained or questioned you without legal justification
· Medical condition: Your behavior was due to a health issue, not intoxication
· Improper police conduct: Unlawful search, or arrest without probable cause
Can a Public Intoxication Charge Be Expunged?
Yes. If you are convicted, you may be eligible to seal your record after one year, provided you have no new offenses. If your case is dismissed or reduced, it may be sealed immediately.
We help clients apply for record sealing and navigate the court process to minimize long-term consequences.
How Brian C. Morrissey, Attorney at Law Can Help
We regularly represent students, professionals, and first-time offenders in Toledo Municipal Court and throughout Lucas County who have been charged with alcohol-related misdemeanors.
We can:
· Appear in court on your behalf (in many cases)
· Negotiate for dismissal or reduction of the charge
· Enroll you in diversion or alcohol education programs
· Help seal your record after the case is resolved
Call Today for a Confidential Consultation
If you’ve been charged with disorderly conduct while intoxicated or another alcohol-related misdemeanor in Toledo, Maumee, Oregon, Sylvania, or anywhere in Lucas County, don’t go through it alone.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
We’ll help you understand your rights, your options, and the best strategy for your defense.
