Understanding Florida Statute 856.011 - "Disorderly Intoxication"
In the state of Florida, public intoxication itself is not a crime. However, under Florida Statute 856.011, an individual can be charged with the crime of "Disorderly Intoxication" if they are intoxicated in public and endanger the safety of another person or property, or if they cause a public disturbance. This statute effectively makes it illegal to be drunk and disorderly in public.
The statute reads:
"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."
Florida Statute 856.011(1) essentially states that in the state of Florida, it's unlawful for a person to be intoxicated and endanger the safety of another person or property. Furthermore, it's also illegal for a person to consume any alcoholic beverage in a public place or public vehicle to the point of causing a public disturbance.
Summarizing, this law prohibits two forms of behavior:
- Being intoxicated to a degree that the person's normal faculties are impaired, in public, and endangering the safety of another person or property.
- Consuming alcoholic beverages in public spaces or public conveyances and causing public disturbances as a result.
Violations of this statute are considered a misdemeanor of the second degree in Florida.
Penalties for Disorderly Intoxication in Florida
A charge of disorderly intoxication is classified as a second-degree misdemeanor in Florida. If convicted, the potential penalties include up to 60 days in jail, six months of probation, and a fine of up to $500. Multiple convictions can lead to harsher penalties, and an individual can be committed to a treatment center if they have been convicted of disorderly intoxication three times in the previous 12 months.
Arrest and Criminal Trial Process in Florida
Once arrested for disorderly intoxication, the individual will typically be taken to a county jail where they will be booked and held until their first appearance before a judge. The judge will review the charge, determine if there is probable cause for the arrest, and set conditions for pre-trial release, which may include a bond.
The defendant will then be arraigned, where they will be formally charged and asked to enter a plea of guilty, not guilty, or no contest. If a not guilty plea is entered, the case will proceed to the discovery phase, where both the prosecution and defense will gather and exchange evidence.
Following discovery, there may be pre-trial motions to suppress evidence, dismiss charges, or other issues that must be addressed before a trial. If a plea deal is not reached or the charges are not dismissed, the case proceeds to trial. The prosecution must prove the defendant's guilt beyond a reasonable doubt. If the defendant is found guilty, the judge will determine the appropriate sentence within the parameters of Florida's sentencing guidelines.
Consequences of a Disorderly Intoxication Conviction in Florida
Beyond the immediate legal penalties, a disorderly intoxication conviction can have serious long-term consequences. A conviction will appear on the defendant's criminal record, which can be seen by potential employers, landlords, or educational institutions during background checks, potentially impacting future opportunities.
Moreover, professional licenses may be affected and this could potentially lead to loss of employment in certain fields. For non-U.S. citizens, a conviction may impact their immigration status. Given the potential consequences, it's critical to fight these charges vigorously.
Choosing the Right Florida Disorderly Intoxication Attorney
Choosing the right attorney is crucial when facing a disorderly intoxication charge. You should seek an attorney with a deep understanding of Florida's laws and substantial experience in handling similar cases. Look at their track record, communication skills, client reviews, availability, and whether they have experience dealing with the courts and prosecutors in your area.
The right attorney can challenge the prosecution's evidence, explore all possible defenses, negotiate a favorable plea deal, or represent you effectively at trial. By doing so, they can help protect your rights, challenge your charges, and mitigate the potential consequences of a conviction.
Facing a charge of disorderly intoxication can be a stressful and difficult experience, but you don't have to go through it alone. Hiring a skilled attorney can greatly increase your chances of a favorable outcome.
Facing a charge for Disorderly Intoxication in Florida? Don't let a momentary lapse in judgment define your future. With Musca Law, P.A., you'll have an ally in your corner who understands the complexities of Florida's disorderly intoxication laws and who will fight tirelessly for your rights.
With 30 conveniently located law offices throughout all of Florida, we're always just a short distance away. Our attorneys bring their wealth of knowledge and experience to your case, navigating the intricacies of the legal system to seek the most favorable outcome.
And because legal issues don't wait for business hours, our team is available around the clock to provide legal guidance. Don't hesitate to reach out anytime, day or night, at our toll-free number, 1-888-484-5057.
At Musca Law, we believe everyone deserves a strong defense. Contact us today to discuss your case, and let us help you regain control of your future.