Disorderly Intoxication

Disorderly intoxication is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Many people arrested for disorderly intoxication feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for disorderly intoxication to say that they were just asking the officer a question and were then put under arrest. Legally, disorderly intoxication is conduct which rises to the level of a "public disturbance." Drawing the line between a "public disturbance" and freedom of speech can very difficult. Consequently, First Amendment issues are often implicated in a disorderly intoxication case.

If you or a loved one has been arrested for a disorderly intoxication charge in Florida, contact Mr. Edelstein today for a FREE CONSULTATION.

856.011  Disorderly intoxication.--

(1)  No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.

History.--s. 16A, ch. 71-132; s. 1383, ch. 97-102.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Miami defense lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

TEXT MESSAGE

* indicates a required field




FN3SP2

Message

David M. Edelstein, PA
Florida Criminal Lawyer

TOLL FREE
(877) 321-4545

MIAMI
(877) 321-4545
FORT LAUDERDALE
(954) 414-4132
WEST PALM BEACH
(561) 209-1677
MELBOURNE
(877) 321-4545
NAPLES
(239) 963-2900
FORT MYERS
(239) 963-2900
PUNTA GORDA
(941) 296-0654
PORT CHARLOTTE
(941) 296-0654
SARASOTA
(941) 296-0654
TAMPA
(813) 434-4125
ORLANDO
(407) 956-4365 JACKSONVILLE
(904) 402-8500

OTHER PRACTICE AREAS


Miami Immigration Lawyer
Miami Personal Injury Lawyer
Miami Divorce Lawyer
Miami Bankruptcy Lawyer
Miami Malpractice Lawyer
Miami Workers Comp Lawyer