We have all been witnesses to an individual or a group of people having a good time in a public place. Whether it is at a public park or grocery store, people who are eligible to consume alcoholic beverages are rightfully able to express themselves freely in public. Unfortunately, many cases of mere excitement can be perceived as disorderly intoxication and can result in serious legal and criminal consequences. With the assistance of qualified disorderly defense attorneys at the Law Office of Silverman, Mack & Associates, you can trust that you will be saved from such devastating circumstance.
What is Disorderly Intoxication?
In Florida, the general crime of Disorderly Intoxication is governed by Florida Statute 856.011. 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.” In order to be charged with disorderly intoxication, three considerations must be proved in a court of law:
- A clear presence of intoxication because of an alcoholic beverage (the defendant is often intoxicated to the extent that he/she is unable to operate his/her mind, body, movements and behavior under normal conditions).
- A clear endangerment to safety (the defendant behaves in such a way that threatens the safety of nearby common people and/or damages property).
- A clear public disturbance (fighting, extreme obnoxious behavior, unbearable sounds etc.).
The most common violations of this statute is when people appear to be drunk in public by causing major disturbances. Yelling obscenities and wandering in the roadway occur most frequently.
It may seem minor, but disorderly Intoxication is considered a crime and worthy of applicable sanctions. It is a second degree misdemeanor. Penalties of disorderly intoxication include up to 60 days in jail, 6 months of probation, and/or a $500 fine.
In addition, local Law Enforcement officers have full and 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.
The crime of disorderly intoxication is often subjective. Thus, a good Florida criminal defense 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 disorderly intoxication defense attorneys as soon as possible after being charged with disorderly intoxication.
College Students Charged with Disorderly Intoxication
We see disorderly intoxication cases regularly due to Gator Football games and the prevalence of bars and clubs frequented by students at the University of Florida and Santa Fe College. At the Law Office of Silverman, Mack & Associates, we understand. College students (who are at least 21 years old) have the right to consume alcohol and enjoy their college years that they will never get back. As long as students are legally and safely consuming alcohol, they should be able to express their joy and excitement after a close football game or during a roommate’s birthday celebration. This is a part of life.
Because disorderly intoxication in the state of Florida is categorized as a second degree misdemeanor, it is extremely important that students who are charged with this crime on campus or near the University of Florida and Santa Fe College seek legal representation. If found guilty, this charge can add to or begin a student’s criminal record. This can make the obtainment of a bachelor’s degree, internship, and even employment after college, very difficult.
An experienced disorderly intoxication defense attorney at the Law Office of Silverman, Mack & Associates can turn your situation around.
Disorderly Intoxication Defense Attorneys in Gainesville, FL
For the best Gainesville defense attorneys, you should contact our experienced attorneys at the Law Office of Silverman, Mack & Associates. We have seen numerous cases of disorderly conduct and are prepared to do everything within the domains of our legal power to protect you. In a court of law, we have the skills, experience, and resources necessary to disprove disorderly intoxication. In most cases, there is no way to prove without reasonable doubt that a person creates a “public disturbance” and/or “threat to safety.” This makes a disorderly intoxication charge null and void.
Further, as a citizen of Florida, you have constitutional rights and privileges that can not be infringed upon. In a public facility, you have the right to be yourself. In fact, the First Amendment of the U.S. Constitution protects your right to freedom of speech and expression.
Do not allow a little presence of alcohol and subjective perceptions of your behavior while under the influence of alcohol to destroy your future. Whether you are a college student at the University of Florida or Santa Fe College, or an everyday person enjoying your family and leisure time, you need sound representation.
Contact our office in Gainesville for a free initial consultation today.