Disorderly intoxication is considered by many a “catch-all” offense that is commonly used by law enforcement to arrest rowdy people who are intoxicated in public. It covers a wide range of behaviors and scenarios which involve drunkenness and disruptive public behavior. Although the offense is classified as a second-degree misdemeanor, no one should discount the impact disorderly intoxication charges can have on their life. An offender can face expensive fines, jail time, and even driver’s license suspension. If you have been charged with disorderly intoxication in Florida, securing a skilled lawyer could make all the difference in your case. Do not diminish the seriousness of having a conviction on your criminal record. It is important to secure aggressive representation as soon as possible. Contact The Law Office of Ashley Aulls, P.A. to allow us to discuss your case and potential defense strategies.
Disorderly Intoxication Attorney in Hernando County, Florida
If you or someone you know was arrested for disorderly intoxication in the state of Florida, contact The Law Office of Ashley Aulls, P.A.. Ashley Aulls at The Law Office of Ashley Aulls, P.A. is a dedicated Hernando County criminal defense lawyer. He has practiced law since 1996 and utilizes his extensive experience to help clients just like you achieve favorable outcomes for their cases.
You can trust him to work tirelessly in an effort to reduce, if not diminish your accusations. Disorderly intoxication is a charge that can affect your present and future freedoms including your ability to obtain employment or housing. Call now at (352) 593-4115 to set up a consultation or simply use our online contact form. Attorney Aulls serve clients in Brooksville, but accepts clients in other nearby communities including Weeki Wachee, Homosassa Springs, and Spring Hill, FL.
- Disorderly Intoxication in Florida
- Florida Disorderly Intoxication Defenses
- Disorderly Conduct in Florida
- Additional Resources for Disorderly Intoxication
Disorderly Intoxication in Florida
Disorderly intoxication is defined under Florida Statutes 856.011. The law states that it is prohibited for an individual to be intoxicated and endanger the safety of another person or property. This statute also clarifies that no person in the state can be under the influence of alcohol and cause a public disturbance in a public place. The crime of disorderly intoxication is a second-degree misdemeanor in Florida and carries penalties of up to 60 days in jail, up to 6 months of probation and a $500 fine. The alleged offender who has been convicted of this offense 3 times in the previous 12 months will also be deemed a habitual offender and may be committed by the court to an appropriate treatment center for up to 60 days. Although the term “intoxication” is synonymous with “drunk”, for the purposes of section 856.011, the term means more than merely being under the influence of an alcoholic beverage. Intoxication in this context means the defendant was so affected by drinking alcohol their physical and mental control was diminished.
Florida Disorderly Intoxication Defenses
There are several defenses available to contest a disorderly intoxication charge in Florida, and no person should attempt to resolve their case without first consulting an experienced criminal defense lawyer. A skilled attorney can provide the offender with advice on the case, discuss all of their legal rights, and provide adequate defense strategies. A few of the most common defenses against disorderly intoxication include, but are not limited to:
- First amendment: The First Amendment to the US Constitution protects all forms of free speech, including profanity. Just because the defendant spoke loudly does not mean their actions constitute a conviction for disorderly intoxication.
- No endangerment to public safety: In a disorderly intoxication case, there must be evidence that the defendant endangered the public by throwing dangerous objects or threatening people. If there is insufficient evidence the defendant endangered the public, then the charges will be dismissed.
- Lack of proof as to intoxication: In order to convict a person of disorderly intoxication, the evidence must exist that the defendant was impaired. Charges for disorderly intoxication can be dropped if the officer ‘believed’ the defendant was intoxicated.
- Self-defense: Self-defense can apply if the defendant did not begin the incident that endangered the general public. If the criminal defense attorney assigned for the case can prove that the defendant was acting in self-defense, charges might be dismissed.
Disorderly Conduct in Florida
The Florida Statutes provide a few offenses that are similar to disorderly intoxication. Disorderly conduct is a similar crime that involves disruptive public activity. Under Florida Statutes 877.03, the crime of disorderly conduct is committed when an individual commits acts that corrupt the public morals, outrages the sense of public decency, or affects the peace of people who may witness them. The statutes also clarify that is it prohibited for someone to engage in brawling, fighting, or other conduct that constitutes a breach of the peace. Examples of disorderly conduct may include:
- Public drunkenness
- Behaving recklessly in a crowded area
- Violating noise ordinances
- Refusing to disperse during emergencies
- Threatening behavior
Just like disorderly intoxication, disorderly conduct is classified as a second-degree misdemeanor. If convicted, a judge can impose $500 in fines, up to 60 days in jail and/or up to 6 months of probation. Although second degree misdemeanors are the least serious misdemeanors in Florida, penalties should not be taken lightly.
Additional Resources for Disorderly Intoxication
Florida Statutes: Disorderly Intoxication – Follow the link provided to access the official website for the Florida Statutes and view section 856.011 which constitutes the disorderly intoxication charge. Access the site to read the elements that constitute the offense and how Florida penalizes the crime. Florida Statutes: Disorderly Conduct – Access the Florida Statutes website to view section 877.03 which constitutes the disorderly conduct charge. Click the link to read what elements constitute the offense and lists the penalties that a person can acquire if they’re charged with the disorderly conduct crime.
Florida Disorderly Intoxication Attorney in Brooksville
If you or a loved one has been arrested with disorderly intoxication, contact The Law Office of Ashley Aulls, P.A.. Criminal defense attorney Ashley Aulls at The Law Office of Ashley Aulls, P.A. knows what it takes to fight the prosecution and can aggressively advocate for your rights and freedoms in the courtroom. Don’t wait another moment to secure the counsel you so desperately need to preserve your future. To schedule a consultation or discuss your legal options, call The Law Office of Ashley Aulls, P.A. at (352) 593-4115 today. The Law Office of Ashley Aulls, P.A. represents clients all throughout Florida Floral City, Wildwood, Lake Panasoffkee, Spring Hill, Brooksville, North Weeki Wachee, Homosassa Springs, and surrounding areas in Hernando County, Sumter County, or Citrus County. Disorderly intoxication attorney Aulls is prepared to protect your rights.