In Florida, public intoxication occurs when someone appears in public under the influence of alcohol or drugs in a way that endangers others or causes a public disturbance. This is also known as “disorderly intoxication.”
Florida’s Statute 856.011 outlines what counts as public intoxication and the possible consequences for such behavior.
What counts as disorderly intoxication?
Disorderly intoxication includes more than just being drunk in public. For it to qualify under Florida law, the individual must either endanger the safety of others or disrupt public peace. For example, loud or aggressive behavior in a public place while intoxicated could lead to charges.
Simply being intoxicated without causing harm or disruption does not typically meet the legal definition.
Penalties for public intoxication
A disorderly intoxication charge in Florida is a second-degree misdemeanor. This can lead to penalties, including a fine of up to $500, up to 60 days in jail, or both. Additionally, a conviction may remain on your record, potentially affecting future opportunities. Repeat offenses may result in harsher consequences or mandatory counseling.
Exceptions and alternative options
Florida offers some alternatives to incarceration for public intoxication cases. For example, law enforcement officers may take an intoxicated individual to a treatment facility instead of jail if they believe that the person needs help rather than punishment. These options aim to address underlying issues, such as substance abuse, rather than solely focusing on penalties.
Maintaining public safety and well-being
Understanding Florida’s public intoxication laws helps individuals make informed choices and avoid unnecessary legal trouble. Staying aware of your surroundings and drinking responsibly can prevent situations that may lead to disorderly intoxication charges. These laws aim to promote public safety and maintain order in communities.
