Minor in Possession Lawyer in Columbia, MO
While it is not a crime to be drunk in a public place, the police do retain discretion in deciding if a person is exhibiting disorderly conduct. In Missouri, you may be charged with public intoxication if you are found disturbing the peace or drinking in a schoolhouse, church, or courthouse. If you have been charged with disorderly conduct or drinking in a prohibited place, our Columbia minor in possession attorney would like to hear from you.
Disorderly Conduct or Disturbing the Peace
A person is guilty of disturbing the peace (also known as “disorderly conduct”) if they have committed any of the following:
- Knowingly and unreasonably alarming or upsetting another person by making loud noises or using profane or offensive language in an attempt to get a violent response out of another person
- Threatening to commit a felony act which causes a reasonable person fear for their safety
- Fighting
- Creating an unpleasant or foul odor
A person in a public place or on private property without the consent of another has disturbed the peace if they have purposely inconvenienced another person by unreasonably and physically obstructing:
- Vehicular or pedestrian traffic
- The coming or going to or from a public or private place
Under state law, a first offense is a Class B misdemeanor, punishable by a maximum of six months in prison and a $1,000 fine. A second offense is charged as a Class A misdemeanor, with a conviction subject to up to one year in prison and a $2,000 fine. Finally, a third or subsequent offense will be subject to a fine ranging from $1,000 to $5,000. Although there is a gray area when it comes to what constitutes disturbing the peace, you need a competent public criminal defense attorney to defend your interests.
Having a Fake ID in Columbia, MO
In Columbia, MO, being caught with a fake ID or underage possession of alcohol is taken very seriously and can result in lasting consequences. A conviction may lead to fines, community service, mandatory alcohol education programs, suspension of your driver’s license, and even a criminal record that can affect future opportunities such as jobs, scholarships, or professional licenses. Missouri law treats fake ID charges as more than “just a mistake,” and without the right legal guidance, young people risk penalties that follow them for years. An experienced attorney can help protect your rights and work toward minimizing the impact of these charges.
Drunkenness or Drinking in a Prohibited Place
The State of Missouri does not have a specific law against public intoxication, but certain behavior can result in criminal charges. Although being visibly intoxicated in public is not illegal in Missouri, it is against the law to drink in a prohibited place such as a school, church, or courthouse where people are gathered.
To be charged with drunkenness or drinking in a prohibited place, you must be disturbing the peace, display drunken behavior (such as slurring your words, stumbling, or yelling profanities), or be openly drinking in front of others. Under Missouri Revised Statutes §574.05, such conduct will be charged as a Class B misdemeanor, subject to six months of incarceration and a maximum fine of $1,000.
Columbia, MO Ordinance
Various municipalities in the Show Me State have specific laws outlawing public intoxication. Whereas the Code of Ordinances for Columbia, MO, does not have a specific law prohibiting public intoxication, §16-183 contains similar language to the state law outlawing drinking in a prohibited place (the Columbia ordinance referred to as “disorderly intoxication.”)
Reach Out to Our Columbia, MO, Minor in Possession Lawyer
Missouri has complex regulations when it comes to disturbing the peace and public intoxication. There is a fine line between drinking in public and disturbing the peace, with the police attempting to charge individuals with the offense when the situation may not warrant it. Given the complexities of local ordinances versus state law, it can be difficult to understand the intricacies of the offense and what potential consequences you may face if convicted.
At Landon Miller Law, our Columbia, MO, public intoxication attorney has training as both a prosecutor and a defense lawyer. His experience allows him a unique perspective, allowing him to stay one step ahead of the government’s case. To learn more about our services, contact us online or by phone at (573) 658-1919.