I examine each disorderly intoxication case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced disorderly intoxication defense lawyer is essential. I have defended hundreds of disorderly intoxication cases. Once hired, we will:
- Collect and review all government evidence;
- Identify any possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
IMPORTANT QUESTIONS FOR YOUR DISORDERLY INTOXICATION CASE
The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any criminal mischief case are:
- Were you stopped and detained for a lawful reason?
- Did your actions cause a public disturbance? Was your conduct protected speech?
- Can the police prove you were intoxicated?
- Is there a lack of evidence or a conflict in the evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Was there any video evidence?
HOW IS DISORDERLY INTOXICATION DEFINED IN FLORIDA?
Disorderly intoxication is defined in Florida Statute 856.011 as the following: no person shall be intoxicated and endanger the safety of another person or property and no person shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.
HOW IS DISORDERLY INTOXICATION PROVEN IN FLORIDA?
The Florida standard jury instructions for disorderly intoxication require the state to prove the following two elements beyond a reasonable doubt:
- The defendant was intoxicated and endangered the safety of another person.
- Was intoxicated or drank any alcoholic beverage in a public place and caused a public disturbance
PENALTIES FOR DISORDERLY INTOXICATION
Florida law defines disorderly intoxication as a second degree misdemeanor. Misdemeanors are prosecuted in county court before county court judges. There is no mandatory jail for a disorderly intoxication offense but penalties could include:
- 60 days in jail
- six (6) months of probation
- alcohol counseling
- AA meetings
- Anger Management classes
- Community service
DISORDERLY INTOXICATION DEFENSES
Florida recognizes several valid defenses for disorderly intoxication. Disorderly intoxication basically means you were drunk and caused a public disturbance. So if you can prove one of those things didn’t happen then you have a valid legal defense for this offense. Some valid defenses are:
- Your words or Conducts were protected by the first amendment
- You did not cause a public disturbance
- You did not endanger the public safety of another
- You weren’t intoxicated
- You didn’t drink and weren’t in a public place
FLORIDA DISORDERLY INTOXICATION CASE LAW
Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983) This is an appeal of probation revocation based on charges of disorderly intoxication, resisting arrest with violence, and escape, of which appellant was found guilty.
Royster v. State, 643 So. 2d 61 (Fla. 1st DCA 1994) Robert Earl Royster appeals his convictions on the charges of disorderly intoxication, disorderly conduct, escape and resisting arrest without violence. We reverse appellant’s conviction for disorderly intoxication. With respect to the remaining three charges, we reverse and remand for a new trial.
AGGRESSIVE ORANGE COUNTY DISORDERLY INTOXICATION DEFENSE LAWYER
If you were recently arrested or charged with any Florida crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I examine each disorderly intoxication case to determine if it can be dismissed and removed from your record. If this is your first offense, pretrial diversion may be an option. If you resolve your case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced disorderly intoxication defense lawyer is essential. I have defended hundreds of disorderly intoxication cases. Once hired, we will:
- Collect and review all government evidence;
- Identify any possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating for a dismissal or reduced charges, and
- Do whatever is necessary to avoid a criminal conviction.
IMPORTANT QUESTIONS FOR YOUR DISORDERLY INTOXICATION CASE
The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any criminal mischief case are:
- Were you stopped and detained for a lawful reason?
- Did your actions cause a public disturbance? Was your conduct protected speech?
- Can the police prove you were intoxicated?
- Is there a lack of evidence or a conflict in the evidence?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Was there any video evidence?
HOW IS DISORDERLY INTOXICATION DEFINED IN FLORIDA?
Disorderly intoxication is defined in Florida Statute 856.011 as the following: no person shall be intoxicated and endanger the safety of another person or property and no person shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.
HOW IS DISORDERLY INTOXICATION PROVEN IN FLORIDA?
The Florida standard jury instructions for disorderly intoxication require the state to prove the following two elements beyond a reasonable doubt:
- The defendant was intoxicated and endangered the safety of another person.
- Was intoxicated or drank any alcoholic beverage in a public place and caused a public disturbance
PENALTIES FOR DISORDERLY INTOXICATION
Florida law defines disorderly intoxication as a second degree misdemeanor. Misdemeanors are prosecuted in county court before county court judges. There is no mandatory jail for a disorderly intoxication offense but penalties could include:
- 60 days in jail
- six (6) months of probation
- alcohol counseling
- AA meetings
- Anger Management classes
- Community service
DISORDERLY INTOXICATION DEFENSES
Florida recognizes several valid defenses for disorderly intoxication. Disorderly intoxication basically means you were drunk and caused a public disturbance. So if you can prove one of those things didn’t happen then you have a valid legal defense for this offense. Some valid defenses are:
- Your words or Conducts were protected by the first amendment
- You did not cause a public disturbance
- You did not endanger the public safety of another
- You weren’t intoxicated
- You didn’t drink and weren’t in a public place
FLORIDA DISORDERLY INTOXICATION CASE LAW
Blake v. State, 433 So. 2d 611 (Fla. 1st DCA 1983) This is an appeal of probation revocation based on charges of disorderly intoxication, resisting arrest with violence, and escape, of which appellant was found guilty.
Royster v. State, 643 So. 2d 61 (Fla. 1st DCA 1994) Robert Earl Royster appeals his convictions on the charges of disorderly intoxication, disorderly conduct, escape and resisting arrest without violence. We reverse appellant’s conviction for disorderly intoxication. With respect to the remaining three charges, we reverse and remand for a new trial.
AGGRESSIVE ORANGE COUNTY DISORDERLY INTOXICATION DEFENSE LAWYER
If you were recently arrested or charged with any Florida crime, please call me at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
