Public Intoxication Isn't a Standalone Crime in Michigan

Let’s start with some good news: “public intoxication” by itself isn't a crime under Michigan law. That’s right—there is no criminal statute that makes merely being drunk in public a punishable offense. However, that doesn’t mean you're off the hook if things get too rowdy at the Plymouth Spring Festival or the Belleville Strawberry Festival.

What often happens is this: someone has a little too much to drink, becomes disruptive, and is ultimately charged with a related offense. Common charges include:

• Disorderly Conduct
• Obstructing a Police Officer
• Minor in Possession (MIP)
• Open Intoxicants in Public
• Simple Assault (often linked to drunken altercations)

The context of your behavior matters. If your intoxication led to yelling, fighting, or disturbing the peace, chances are strong that police will issue a citation or make an arrest—even if you're not posing a danger to anyone except the occasional porta-john.

Common Alcohol-Related Charges During Festivals

Whether you were celebrating in downtown Plymouth or enjoying live music in Ann Arbor, alcohol-related charges are common during spring festivals and city events across Michigan. Let's take a closer look at a few of the more common offenses people end up facing:

1. Disorderly Conduct

Michigan law defines disorderly conduct broadly. The charge can include everything from being loud and disruptive in public to urinating in an alleyway. If alcohol is involved, the odds of receiving this misdemeanor charge significantly increase. Under MCL 750.167, this charge carries up to 90 days in jail and/or a fine of up to $500.

2. Open Intoxicants

Holding a can of beer on a public sidewalk outside of a licensed beer tent is an easy way to get cited in cities like Royal Oak, Detroit, or Plymouth. Michigan law prohibits the possession or consumption of open alcohol containers in public places that aren't licensed or privately owned.

3. Minor in Possession (MIP)

Under MCL 436.1703, individuals under 21 cannot possess or consume alcoholic beverages. A first offense is generally treated as a civil infraction and may come with fines, community service, and alcohol education classes. Repeat offenses, however, are misdemeanors and carry the possibility of jail time.

4. Obstruction or Resisting Arrest

Festival arrests can turn ugly fast, especially if you argue with the officers or refuse to comply. Even yelling at an officer may be interpreted as obstruction. Resisting arrest—and sometimes just walking away—can escalate things quickly. This charge is classified as a felony under MCL 750.81d, with penalties of up to 2 years in prison and/or fines up to $2,000.

Festival Drinking and OWI

You didn’t get pulled over right away—maybe you drove home and were arrested later based on witness reports, or maybe cops were watching the exits of the event. However it happened, it’s not uncommon for festival-goers to get charged with:

• Operating While Intoxicated (OWI)
• Operating With a High BAC (Super Drunk)
• Zero Tolerance OWI (for those under 21)

All of these OWI-related offenses can come with penalties that affect your driving privileges, employment prospects, and personal life. Jail time, hefty fines, alcohol education programs, license suspension, or ignition interlock devices could be on the table.

How We Defend You

Every case is unique—and your defense should be too. At Boria Law, we don’t rely on cookie-cutter legal strategies. We know Michigan law inside and out and use a variety of defenses to fight festival-related charges.

Challenging the Arrest

Many festival arrests happen in busy, chaotic areas. Misidentification is a real concern, especially when alcohol is involved. If the police were working off vague descriptions or secondhand reports, there's a chance we can argue they picked up the wrong person or didn’t have enough probable cause for arrest.

No Underlying Crime

As we mentioned earlier, being drunk in public is not a crime unless it's causing a problem. If there isn’t enough evidence of disorderly conduct or you're falsely accused of being disruptive, we can push for dismissal.

Violation of Your Rights

Did the police detain you without justification? Were you arrested based on a search without probable cause? We explore all civil rights issues. Any constitutional violation opens the door to getting the arrest thrown out entirely.

Diversion and Alternative Sentencing

First-time offenders may qualify for diversion programs that avoid jail time and won't result in a permanent criminal record. If you're under 21, Michigan's 7411 statute or Holmes Youthful Trainee Act (HYTA) options may apply. These alternatives can keep your record clean if you follow a set of probationary requirements.

Why Timing Matters

The earlier you get legal representation, the better. From the moment of arrest, police and prosecutors are building a case against you. Witnesses begin to forget details, videos can be erased, and evidence can be lost. Quick action allows your lawyer to:

• Interview witnesses while memories are fresh
• Request and secure video footage (body cam, festival security, etc.)
• Negotiate with prosecutors during the optimal window for leverage

If your citation includes a court date, do not skip it—failing to appear can turn a manageable charge into a bench warrant. Think of your first court hearing (your arraignment) as your entry ticket into presenting a strong defense. Don’t walk in alone.

Facing Charges from a Spring Festival? You're Not Alone

It happens more than you think—tens of thousands of people attend community festivals across Michigan every spring and summer, and every year, a fair number leave with more than cotton candy and a sunburn. The most important thing is what you do next. You owe it to yourself to fight the charges the right way—smartly, thoroughly, and with someone who knows the terrain.

At Boria Law, we’ve helped countless clients across southeast Michigan get their charges dismissed, reduced, or resolved through diversion. Whether your arrest happened in Plymouth, Canton, Northville, or anywhere near the 35th District Court, you want someone who knows local judges, prosecutors, and how these cases play out. That's us.

Don’t let a moment at a music stage define your future. Contact us for a free consultation with criminal defense lawyer Aaron J. Boria at (734) 453-7806 and let’s talk about options. 

Conclusion

Spring festivals are supposed to be a time of joy, not legal stress. Still, when alcohol and crowds mix, things can get out of hand. If you were arrested or cited during a local Michigan event for public intoxication, open intoxicants, underage drinking, or related offenses—a strong legal defense is your best shot at getting back on track.

You don’t have to navigate the court system alone. Our team at Boria Law will break down the charges, investigate every angle, and create a personalized strategy to fight for the best result in your case. Call (734) 453-7806 for a free, confidential consultation. We’re ready to stand between you and a criminal record.

No matter what happened, there is almost always something we can do to help. You deserve experienced, aggressive, and honest representation—let’s get to work.