We see disorderly intoxication cases all the time due to Gator Football games and the prevalence of bars and clubs frequented by students at the University of Florida and Santa Fe College. In Florida, the general crime of Disorderly Intoxication is governed by Statute 856.011, Florida Statutes. This statute lays out the elements of the crime of Disorderly Intoxication and the potential penalties for a violation of the statute.
Florida law states that no person “shall be intoxicated and endanger the safety of another person or property, and no person … shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.” This statute is usually violated by a person appearing drunk in public and causing a public disturbance such as yelling obscenities or wandering in the roadway.
Disorderly Intoxication is a second degree misdemeanor and is punishable by up to 60 days in jail, 6 months of probation, and/or a $500 fine. Additionally it is important to know that local Law Enforcement have absolute discretion on whether to issue what is called a “Notice to Appear” or arrest for this offense. A Notice to Appear will allow the individual to remain out of custody, but he/she will have to attend a court event that is generally listed on the Notice.
Again, the crime itself can be very subjective and thus a good attorney can make all the difference. While the charge may be a minor one, you should always consult an attorney about your legal rights and options before your first court date. Contact one of our experienced attorneys as soon as possible after being charged with disorderly intoxication.