Disorderly Intoxication is defined in Florida Statute Section 859.011. To prove the crime of Disorderly Intoxication, the State must prove:
- You were intoxicated, and
- you endangered the safety of another person or property,
- You were intoxicated or drank any alcoholic beverage in a public place or in or upon a public conveyance, and
- you caused a public disturbance.
Intoxication means drunk.
"Intoxication" means 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 your body or your mental faculties, or both. Intoxication is synonymous with "drunk."
A "public place" is a place where the public has a right to be and to go.
Disorderly Intoxication is a Second Degree Misdemeanor punishable by up to 60 days in jail.
The most common defenses to Disorderly Intoxication are that you were not intoxicated, did not endanger people or property, or in the case of a public place, you did not cause a public disturbance. This law is very broad and arguably encompasses some conduct and speech protected by the Constitution. There also may be pretrial diversion or negotiation options available that provide for the State dropping the charges and you being able to expunge your record. Give us a call to discuss the possible options in your Disorderly Intoxication case.
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