In Florida, a person commits the crime of Disorderly Intoxication when:
they are intoxicated and endanger the safety of another person or property or causes a public disturbance.
The definition can be found under Florida Statute 856.011 and provides:
“No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.”
“Intoxication” is defined as more than merely being under the influence of an alcoholic beverage. Intoxication means that the defendant must have been so affected from the drinking of an alcoholic beverage as to have lost or been deprived of the normal control of either [his] [her] body or [his] [her] mental faculties, or both. Intoxication is synonymous with "drunk.” Fla. Std. Jury Intr. (Crim) 29.1
Disorderly Intoxication in Florida is categorized as a second-degree misdemeanor and is punishable as follows:
a. Maximum 60 days in county jail; or
b. Maximum 6 months of probation; and
c. $500.00 fine
Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:
Lack of proof of intoxication;
No endangerment to public safety;
Not a public place;
First Amendment free speech.
Disorderly Intoxication is common around bars and nightlife, things can escalate quickly when alcohol is involved. If you or someone you know has been arrested for Disorderly Intoxication, the criminal attorneys at Wilbur Smith can help.
Case #: 17MM024539
Charge: Disorderly Intoxication
Description: Police were called when young man refused to get out of an Uber driver’s car. Police dragged the young man out of the car. Police could smell the odor of alcohol and the young man was cursing and running away from them.
Results: Administratively Dismissed