Disorderly Intoxication in Florida

For the most part, Disorderly Intoxication is a catch-all crime used by law enforcement to arrest intoxicated and unruly people.

If accused of Disorderly Intoxication, you need to know the:

Definition of Disorderly Intoxication

Under Florida Statute 856.011, the crime of Disorderly Intoxication is committed when an intoxicated person endangers the safety of another person or property, or causes a disturbance in public.

Penalties for Disorderly Intoxication

The crime of Disorderly Intoxication is a Second Degree Misdemeanor. If convicted of Disorderly Intoxication, a judge can impose any combination of the following penalties:

  • Up to sixty (60) days in jail.
  • Up to six (6) months of probation.
  • Up to $500 in fines.

Defenses to Disorderly Intoxication

In addition to the pretrial and trial defenses that can be raised in any criminal case, specific defenses to the crime of Disorderly Intoxication include:

Minor Nuisance or Annoying Activity

If a person is intoxicated or drinking in a public place, but is little more than a minor nuisance or annoying, such conduct will not support a Disorderly Intoxication conviction. [1]

Private Place

So long as an intoxicated person does not endanger the safety of another, the person may be as intoxicated and cause as much of a disturbance as they like at any private place they were invited too if the place is not open to the general public. [2]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Disorderly Intoxication in Central Florida or the Greater Orlando area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983)
  2. Royster v. State, 643 So. 2d 61 (Fla. 1st DCA 1994)