Disorderly Intoxication in Florida

Understanding Disorderly Intoxication in Florida with Your Orlando Attorney

What are the Elements of Disorderly Intoxication in Florida?

Under Sec. 856.011, Florida Statutes, Disorderly Intoxication is committed in Florida when someone either becomes intoxicated and endangers the safety of another person or property, or is intoxicated or consumes alcohol in a public place or public conveyance and causes a public disturbance.

What are the Penalties for Disorderly Intoxication in Florida?

Disorderly intoxication is a second-degree misdemeanor in Florida. Penalties can include up to 60 days in jail or 6 months of probation, and a $500 fine.

How Can I Fight a Charge of Disorderly Intoxication in Florida?

Lack of Public Endangerment

The Florida Supreme Court has held that to be convicted of disorderly intoxication, the offender must have posed a danger to the public. Florida courts have found that the crime of disorderly intoxication is not violated simply by being intoxicated and acting erratically.

Other Potential Defenses

At Leppard Law, our legal experts are equipped to employ a wide range of strategies to challenge the State’s case or prove your innocence. Here are a few:

• Motion to suppress: This involves requesting the court to exclude certain evidence obtained in violation of your constitutional rights from the trial.
• Insufficient evidence: If there’s no solid evidence supporting the charge, it may be possible to get the charges dropped or to secure a not guilty verdict.
• Alibi: If you can prove that you were somewhere else when the crime occurred, this is an effective way to counter the charges.

Frequently Asked Questions

1. What is considered public disturbance in terms of disorderly intoxication?

Public disturbance involves actions that disrupt peace and order in a public place. This could be causing excessive noise, engaging in fights, or any conduct that provokes alarm or irritation in others.

2. Can I be charged with disorderly intoxication if I was drunk but didn’t cause a scene?

Simply being drunk is not enough for a disorderly intoxication charge. The law requires proof that you endangered the safety of others or property or caused a public disturbance.

3. Can a disorderly intoxication charge be dropped?

Yes, with the help of an experienced attorney who can identify weaknesses in the prosecution’s case, it’s possible to have a disorderly intoxication charge dropped or reduced.

4. What are the long-term consequences of a disorderly intoxication conviction?

A conviction can result in jail time, fines, probation, and a criminal record which might affect future employment opportunities and personal life.

5. How can a lawyer help with my disorderly intoxication charge?

An attorney can help in several ways, including negotiating a plea deal, getting the charges reduced or dismissed, or representing you at trial. An attorney can also guide you through the legal process and protect your rights.

If you’ve been charged with disorderly intoxication, it is crucial to consult an experienced lawyer right away. Our Attorneys here at Leppard Law have provided a steadfast and aggressive defense for those who are accused of crimes like disorderly intoxication. We understand how terrifying it is to be accused of committing a crime and can effectively guide you throughout the legal process while making sure your rights are well-protected.

Call us today at 407-476-4111 or contact us online to schedule your free consultation with our experienced criminal defense lawyers.