No one wants their criminal record blemished with an alcohol related offense. If you've been arrested for Disorderly Intoxication in Palm Beach County, you need a strong legal team to defend you. We represent people who have been arrested for disorderly intoxication and breach of the peace in Delray Beach, Boca Raton, West Palm Beach, Fort Lauderdale and surrounding areas.
Disorderly Intoxication requires the State to prove that the defendant was not only intoxicated, but also dangerous or causing a disturbance, so there are many ways to present a legal defense against a Disorderly Intoxication charge in Delray Beach. Sometimes cases can be resolved without clients even appearing in court, either by outright dismissal or by reaching an agreement for deferred prosecution. In other cases where a quick and easy resolution is not possible, the criminal defense attorneys at Bottari & Doyle will fight for your rights to ensure you get the best possible outcome.
Disorderly Intoxication in Florida
There are two ways for the State to prove Disorderly Intoxication. The State must be able to prove beyond a reasonable doubt that:
- The Defendant was intoxicated AND endangered the safety of another person or property, or;
- The Defendant was intoxicated or drank any alcoholic beverage in a public place or upon a public conveyance AND the defendant caused a public disturbance.
Florida Statute 856.011 states:
- 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.
- Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree.
- Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.
“Intoxication” means more than merely being under the influence of an alcoholic beverage. Intoxication is synonymous with “drunk.” The defendant's statement that he or she drank alcohol is not enough to prove intoxication beyond a reasonable doubt, although the jury may consider the statement along with any other additional evidence.
Penalties for Disorderly Intoxication in Florida
Disorderly Intoxication is a second degree misdemeanor punishable by up to 60 days in the county jail, or 6 months of probation with a $500 fine. Prosecutors typically require those sentenced to probation to attend substance abuse classes.
Defenses to Disorderly Intoxication Charge in Florida
There are many defenses to the crime of Disorderly Intoxication. No one should enter a plea to disorderly intoxication without consulting an experienced criminal defense attorney. Defenses include, but are not limited to:
- The State can't prove the Defendant was intoxicated beyond a reasonable doubt.
- The State can't prove the Defendant endangered the safety of a person or property beyond a reasonable doubt.
- The State can't prove the Defendant was in a public place.
- The State can't prove the Defendant caused a public disturbance beyond a reasonable doubt.
Additionally, First Amendment challenges may exist when the defendant's conduct is entirely verbal and is protected speech (not “fighting words”).
Disorderly Intoxication Case Results
Case: Dan's client was arrested at a local bar after being drunk and disorderly with a bartender. The client had prior misdemeanor convictions. Despite these convictions, Dan was able to negotiate a deal with the state attorney's office that resulted in no jail time or probation.
* Disclosure: This is a sample of Disorderly Intoxication cases that Dan Bottari has handled. You may not obtain the same results. Each case is factually different from any other case.
Contact a Disorderly Intoxication Lawyer near me
If you have been arrested or charged with Disorderly Intoxication, call the experienced Disorderly Intoxication defense lawyers at Bottari & Doyle at (561)-588-2781 for a free case review.