Navigating Nashville Nights: What to Do if You're Charged with Disorderly Conduct or Public Intoxication on Broadway

Nashville’s Broadway is a lively and vibrant destination known for its music, bars, and bustling nightlife. Every weekend, tourists and locals alike flock to the famous honky-tonks to enjoy live country music, cold drinks, and a good time. However, with the fun comes the risk of facing criminal charges for disorderly conduct or public intoxication. Understanding these charges and how they are handled in Tennessee is crucial if you find yourself in a situation with law enforcement.

Disorderly Conduct in Tennessee

Disorderly conduct in Tennessee is broadly defined and can encompass a range of behaviors. Under Tennessee Code Annotated § 39-17-305, disorderly conduct occurs when someone intentionally or knowingly engages in conduct that:

• Creates a hazardous or physically offensive condition without legitimate purpose;
  

• Disturbs the peace by fighting or threatening others;
  

• Makes unreasonable noise to disrupt others, particularly in public places;
  

• Refuses to comply with a lawful order to disperse when others are committing unlawful acts.
  

If you’re on Broadway and things get rowdy, engaging in a fight, shouting excessively, or ignoring police commands can lead to a disorderly conduct charge. This is a Class C misdemeanor, punishable by up to 30 days in jail and a $50 fine. While this might seem minor, a conviction can result in a permanent mark on your criminal record, potentially affecting future employment opportunities or other aspects of your life.

Disorderly conduct charges can escalate under certain conditions. If an individual’s behavior poses a significant danger to public safety, especially in high-traffic areas like Broadway where large crowds are common, the police may take more severe action. Repeated offenses or aggravated circumstances, such as resisting arrest or inciting a fight, could lead to additional charges.

Public Intoxication in Tennessee

Public intoxication is another common charge on Broadway, especially for those enjoying the area's nightlife. Under Tennessee Code Annotated § 39-17-310, public intoxication occurs when an individual appears in public under the influence of alcohol or drugs and:

• Endangers themselves or others;
  

• Creates a nuisance or acts unreasonably;
  

• Threatens the safety of others or property.
  

Unlike disorderly conduct, you don’t have to engage in disruptive behavior to be charged with public intoxication. Simply being visibly impaired in a way that law enforcement deems unsafe or disruptive can lead to an arrest. Public intoxication is a Class C misdemeanor, carrying the same penalties as disorderly conduct. However, in some cases, individuals may face higher fines or increased scrutiny from the court if they have prior offenses or if their intoxication led to a more serious incident.

Nashville, especially around the Broadway area, is known for a high number of public intoxication arrests, particularly during peak tourist seasons and large events like CMA Fest, Titans games, or New Year’s Eve celebrations. Law enforcement is typically vigilant in maintaining public safety during these times, and even a minor infraction can result in an arrest.

The Reality of Broadway: Police Scrutiny and Arrests

Broadway is a magnet for large crowds, and with alcohol flowing freely, tensions can rise quickly. Law enforcement officers patrol the area heavily, and they often take a proactive approach to curbing rowdy or dangerous behavior. While they might issue warnings for minor infractions, it’s just as likely that individuals exhibiting aggressive or noticeably intoxicated behavior will be arrested.

Tourists are especially vulnerable to arrest for public intoxication because what might be considered harmless in some areas (like drunkenly singing along to a band) could be viewed as disorderly conduct by Nashville police, particularly if others nearby are disturbed. Officers may also act quickly to de-escalate situations by arresting individuals who appear intoxicated to prevent more serious incidents.

What to Do If You’re Arrested for Disorderly Conduct or Public Intoxication

If you’re arrested on Broadway, it’s important to stay calm and remember your rights. Don’t argue with the police or resist arrest, as this can lead to additional charges like resisting arrest or assault. Here are key steps to take if you’re arrested:

1. Remain Silent: Politely inform officers that you are exercising your right to remain silent. Anything you say can be used against you in court.
   

2. Request Legal Representation: Ask to speak to an attorney as soon as possible. Do not discuss the details of your case with anyone until you’ve consulted with legal counsel.
   

3. Avoid Paying Fines Immediately: In some cases, you may be offered the opportunity to pay a fine on the spot. This might seem like a quick way to resolve the issue, but paying the fine can be an admission of guilt. Speak with an attorney first to explore all your options.
   

Possible Defenses for Disorderly Conduct or Public Intoxication

If you’ve been charged with either disorderly conduct or public intoxication, a skilled defense attorney can help you fight the charges. Common defenses include:

• Lack of Intent: You may be able to argue that your behavior was not intentional or knowing, which is required for a disorderly conduct conviction.
  

• False Accusation: It’s possible that an officer misinterpreted the situation or that someone else’s behavior led to the disturbance, not yours.
  

• No Danger or Harm: In public intoxication cases, you may be able to argue that you were not a threat to yourself or others and were not creating a disturbance.
  

An attorney may also investigate other factors that could aid in your defense, such as whether police followed proper arrest protocols, whether the arresting officer had a reasonable cause for the charge, or if there were witnesses who could testify in your favor.

The Impact of a Criminal Record

Although disorderly conduct and public intoxication are misdemeanors, the impact of a conviction can extend beyond fines and jail time. A criminal record can:

• Affect Employment Opportunities: Many employers conduct background checks, and a criminal record for even a minor offense can disqualify you from certain jobs.
  

• Impact Professional Licenses: If you hold a professional license (such as a law, medical, or nursing license), a conviction can trigger disciplinary actions, which may jeopardize your career.
  

• Affect Housing Applications: Landlords often review criminal histories, and having a record can limit your housing options.
  

Why You Need a Lawyer

While disorderly conduct and public intoxication charges may seem like minor infractions, the consequences can be far-reaching. A conviction could lead to jail time, fines, and a criminal record that can affect your employment, housing, and reputation. An experienced criminal defense attorney can negotiate with the prosecution, potentially getting the charges reduced or dismissed. In some cases, alternatives like alcohol education programs or community service may be available, especially for first-time offenders.

Conclusion

Broadway in Nashville is a great place to unwind, but it’s essential to stay aware of your surroundings and actions. A fun night out can quickly turn into a legal nightmare if you’re charged with disorderly conduct or public intoxication. If you or someone you know has been arrested in Nashville, it’s critical to have experienced legal representation to protect your rights and navigate the legal system.

If you find yourself in need of a defense attorney after a night on Broadway, contact my office for a consultation. I am dedicated to helping you resolve your case with the best possible outcome.