A person is guilty of the crime of disorderly intoxication if they are intoxicated and engager the safety of another person or property or they drink an alcoholic beverage in a public place or in or upon a public conveyance and cause a public disturbance. It is one of the most commonly prosecuted alcohol offenses in Florida.
Disorderly intoxication is a criminal offense with repercussions that can follow you for the rest of your life. A criminal record can impact a person’s personal and professional life significantly as they may face time behind bars and expensive fines upon conviction. Aside from fines and imprisonment, an individual arrested for this offense may lose employment, housing opportunities, and the ability to obtain or retain a professional license.
Were you arrested in Florida for disorderly intoxication? Do not make any statement to authorities without first contacting Terrezza Law. John Terrezza at Terrezza Law is a criminal defense attorney who fights to achieve the best possible outcome for his clients with the fewest possible penalties. He will help you combat these stressful charges with an effective and efficient defense.
Terrezza Law represents individuals throughout the Pensacola area, including Navarre, Pensacola Beach, Gulf Breeze, Milton, and many other communities. He can review your case and explain all of your legal options as soon as you call (850) 764-5291 to schedule a free consultation. Don’t lose any more time and contact us today.
Disorderly intoxication is defined under Florida Statutes § 856.011. The law prohibits individuals from endangering the safety of other persons or property while intoxicated and from being intoxicated in a public place or conveyance and causing a public disturbance.
The term 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 his/her body or his/her mental faculties or both. Intoxication is synonymous with “drunk.”
It is often difficult for the State to prove that a person was legally intoxicated versus just under the influence of alcohol. This is why it is important that you ask to speak with an attorney if you are being questioned about a disorderly intoxication offense.
Florida Statute § 856.011 makes disorderly intoxication a second-degree misdemeanor punishable by up to 2 months in jail and a $500 fine. Any person who has been convicted three times in one year of disorderly intoxication will be deemed a habitual offender. If a person is deemed a habitual offender the court may commit them to an appropriate treatment resource for not more than 60 days.
Although not often used, the disorderly intoxication statute also provides an option for a law enforcement officer to take an intoxicated person home or to a public or private health facility in lieu of arresting them for disorderly intoxication. If law enforcement chooses to exercise this option they may use commercial transportation, such as a taxi or an uber, to get someone home and take reasonable measures to make sure it is paid for by the person in advance. If a law enforcement officer exercises this option they will be considered as carrying out their official duty.
Disorderly conduct / breach of peace is another crime that involves disruptive public activity. Under Florida Statute §877.03, the crime of disorderly conduct is committed when:
Just like disorderly intoxication, disorderly conduct is classified as a second-degree misdemeanor. The crime is punishable by up to 60 days in jail and up to $500 in fines.
Pensacola Police Department – Visit the official website for the Pensacola Police Department.
Pensacola Police Department
711 N. Hayne Street
Pensacola FL 32501
Rethinking Drinking: Alcohol Abuse – Follow the link to view the official website for Rethinking Drinking. The webpage provides answers to recently asked questions such as “how much is too much?” and “what counts as a drink?”
Florida Statutes: Disorderly Intoxication – Click the link to view the official website for the Florida Senate. The webpage lists section 856.011 which constitutes the disorderly intoxication offense. Access the site to view penalties for committing the crime.
If you or a loved one has been arrested for disorderly intoxication, it’s important to seek an experienced Pensacola criminal defense attorney as soon as possible. John Terrezza at Terrezza Law is a skilled disorderly intoxication lawyer that has spent years fighting for those facing criminal charges. He will fight to get your charges reduced or dismissed.
Terrezza Law defends clients in communities throughout Escambia County and Santa Rosa County. You can take advantage of a free, confidential consultation that will let our lawyer review your case as soon as you call (850) 764-5291 or submit an online contact form today. Attorney John Terrezza will help you understand all of your legal options.