Intoxication doesn’t merely mean being under the influence of alcoholic drinks. The state defines it as having an alcoholic drink affect the violator’s normal control of their mental faculties, body, or both.
Under Florida Statute 856.011, the state has classified Disorderly Intoxication as a criminal offense. For which, it was defined as: (1) intoxicated person putting danger on the safety of a person or property, or (2) drinking any alcoholic beverages in a public place or in upon any conveyance and causing disturbance in the public. Any person violating the said provisions shall be charged of misdemeanor of the second degree.
An officer who witnessed the committed offense decides to arrest a disorderly intoxicated offender. If officer chooses not to arrest or incarcerate, one of the following actions may be taken:
- Officer may take or send the intoxicated person to her or his home.
- Officer may take or send the intoxicated person to a public health facility
- Arrange for a commercial transportation to send offender home, and may take reasonable measures to ascertain that offender has paid for the transportation in advance.
Second Degree Misdemeanor Penalties:
Violation of this Statute is punishable of a maximum fine of $500, maximum jail time of 60 days, or any combination of these penalties as the judge might seem fit. If an alleged offender is convicted of the same violation three times in the preceding 12 months they will be considered as a habitual offender to be committed to rehabilitative counseling or a treatment center up to 60 days.
Disorderly Intoxication, even if classified as a minor offense, still results to a fine, or may put someone into prison and having a permanent criminal record thus, a need for a reliable defense attorney to avoid being convicted.
A number of defense options may be available to alleged offenders. Such defenses as lack of evidence may apply to this violation. A sharp and dedicated defense lawyer may present some defenses againstthe disorderly intoxication but are not limited to:
- Alleged incident did not take place at a public place
- Alleged offender did not put any danger property or person
- Alleged offender was not intoxicatedlegally
- No public disturbance.
Finding a Defense Attorney:
If you have been charged with this violation, have an experienced Fort Lauderdale criminal defense attorney who will defend your rights and/or minimize penalties you will face after an arrest.