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Public Intoxication Is Not a Crime in Florida, But…

By Hager & Schwartz, P.A.

December 19, 2018

Public Intoxication Florida

In most states, having one too many drinks in public could end in a criminal charge, but in Florida, public intoxication isn’t a crime. However, while drinking mojitos and walking down the sidewalk is legal, drunk behavior can still result in serious consequences.

Disorderly Intoxication Florida Statute

Florida has what’s called a disorderly intoxication charge police use to evaluate a person’s drunkenness. If the drinker is found in violation of the disorderly intoxication law, he or she could face criminal charges.

A drinker violates the Florida disorderly intoxication law when he or she is:

  • intoxicated and endangers the safety of another person or property;
  • intoxicated or drinks any alcoholic beverage in a public place and causes a public disturbance.

Therefore, public intoxication is not a crime in Florida, but that only depends on the person’s behavior while intoxicated. If a drunk is endangering the safety of someone’s life, or if a drunk is causing a public disturbance then an officer can arrest him or her for disorderly intoxication.

Possible Penalties for Disorderly Intoxication in FL

A disorderly intoxication charge is a Florida misdemeanor of the second degree.

The possible penalties for a second-degree misdemeanor conviction are:

  • Imprisonment of up to 60 days; and/or
  • A fine of up to $500.

A second-degree misdemeanor goes on your criminal record, and subsequent offenses can dramatically impact your life. Therefore, if you or a loved one are charged with disorderly intoxication, it is wise to hire an experienced criminal defense representation as soon as possible!

Need help for your case? Call (954) 840-8713 now for an immediate consultation with our firm!