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Disorderly Intoxication

With numerous universities and countless bars throughout the state, disorderly intoxication is a common charge in Florida. While this charge is common, this does not lessen its effects. Although this offense may not always result in an arrest, it should still be taken as seriously as any other criminal offense.

If you were arrested or given a notice to appear for disorderly intoxication, you should consult a criminal defense attorney who can work with you to lessen your charges or get a full dismissal. An attorney can work to defend you against hefty fines or jail time.


Attorney for Disorderly Intoxication in Gainesville, Florida

The attorneys at Galigani Law Firm have decades of experience defending clients against criminal charges in Alachua County, Bradford County, Levy County, Columbia County, Union County, Gilchrist County, Marion County, and Putnam County.

If you had the misfortune of being arrested for disorderly intoxication charges in Gainesville, Florida, act quickly to lessen your chances of paying expensive fines or spending time in jail. Call Galigani Law Firm at (352) 375-0812 to discuss your charges with one of our skilled defense attorneys.


Disorderly Intoxication Defined by Florida Statute

Florida Statute §856.011 states that an individual is disorderly and intoxicated when he or she does the following:

  1. Is intoxicated and endangers another person’s safety or property; or
  2. Is intoxicated or drank an alcoholic beverage in a public place or conveyance and causes a domestic disturbance.

More specifically, this statute defines “intoxication” as being affected by alcohol to the extent that the individual lacks control of his or her mental facilities, body, or a combination of the two. Intoxication can be used interchangeably with the word “drunk.”  


Penalties for Disorderly Intoxication

After a prosecutor proves that an individual is guilty of disorderly intoxication, the defendant faces penalties associated with a second-degree misdemeanor. This type of offense carries penalties of a maximum of sixty (60) days in jail and a maximum of $500 in fines.

For those individuals with prior convictions, penalties are heightened. Any defendant convicted of disorderly intoxication times within twelve (12) months of being found guilty of a subsequent disorderly intoxication charge qualifies as a habitual offender.

After being labeled as a habitual offender, these individuals are required to complete treatment at the appropriate treatment facility for a maximum of sixty (60) days.  


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Proving Disorderly Intoxication

According to Florida’s most recent jury instruction, in order for a prosecutor to successfully prove a defendant guilty of disorderly intoxication, he or she must prove the following beyond a reasonable doubt:

  1. The defendant created a public disturbance; and
  2. The defendant drank an alcoholic drink in a public setting or conveyance or was intoxicated.

Alternatively, the prosecutor can prove the following:

  1. The defendant endangered another person’s safety or property; and
  2. The defendant was intoxicated.

The prosecutor will often attempt to use the defendant’s admission that he or she drank alcohol. While that admission is not sufficient by itself to prove beyond a reasonable doubt that the defendant was under the influence of alcohol, the admission can generally be taken into consideration by the jury along with other evidence.


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Additional Resources

Disorderly intoxication under §856.011- Visit the Online Sunshine website of the Florida State Legislature to find out more about disorderly intoxication laws and public drunkenness. This website provides full statutes and definitions for the terms used in Florida’s laws. Also, find more information on drinking laws and related penalties.


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Disorderly Intoxication Attorney in Gainesville, Florida

If you were given a notice to appear or arrested on disorderly intoxication charges in Alachua County, contact Galigani Law Firm at (352) 375-0812 to speak with one of our experienced attorneys. At your free consultation, one of our defense attorneys can explain your charges and the process for combatting these charges.

Galigani Law Firm is conveniently located minutes from the University of Florida Gainesville campus.  

This article was last updated on December 2, 2016.