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, call Mr. Edelstein today for a CONFIDENTIAL CONSULTATION at (877) 321-4545* or simply take a moment to fill out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry.
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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.
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David M. Edelstein, PA
Florida Criminal Lawyer
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