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Public intoxication might sound like a minor slip-up—something many people assume is only an embarrassment rather than an actual crime. However, in Florida, being intoxicated in public can sometimes cross the line into criminal behavior. At Van Elswyk Law, we want members of our community to understand exactly where that line is, how public intoxication charges work, and what you can do if you or a loved one faces legal trouble related to being under the influence in public.
Understanding Public Intoxication Versus Disorderly Intoxication
In Florida, the term “public intoxication” is often used informally, but the criminal offense you’re more likely to encounter is called disorderly intoxication under Florida Statute § 856.011. It’s an important distinction:
- Public Intoxication: Merely being intoxicated (under the influence of alcohol or drugs) in a public place.
- Disorderly Intoxication: Being intoxicated in public to the extent that you endanger the safety of other people or property, or you cause a public disturbance.
Simply put, it’s not enough just to be drunk in a public space to get arrested. Instead, the intoxication must be paired with behavior that puts others at risk or causes a disruption, such as yelling profanities, getting into fights, or refusing to leave a location when asked.
What the Law Says
Under Florida Statute § 856.011, someone can be charged with disorderly intoxication if they:
- Are intoxicated and endanger the safety of another person or property; or
- Drink alcohol in a public place or in the presence of others, and cause a public disturbance.
The key component here is that there must be a disturbance or threat. This could take many forms, such as:
- Getting behind the wheel of a car while intoxicated (which can lead to more severe DUI charges).
- Fighting or attempting to fight people.
- Acting belligerently by shouting threats or refusing to leave a bar when asked.
- Engaging in any kind of reckless behavior that could harm yourself or others.
Note that “public place” doesn’t necessarily mean a sidewalk or a park. It can also include businesses, restaurants, or other venues where members of the public have access. You could face a disorderly intoxication charge if your behavior is disruptive enough—even in a private establishment that’s open to the public.
Potential Penalties
Disorderly intoxication is typically charged as a second-degree misdemeanor in Florida. This could result in:
- Up to 60 days in jail
- A fine of up to $500
- Court costs
- A permanent mark on your criminal record
While these penalties may not seem severe compared to felonies, they can still have lasting consequences. A misdemeanor conviction can show up on background checks, potentially affecting job prospects, housing applications, or professional licensing.
If you have prior offenses or if your behavior involves aggression or harm to another person, law enforcement may pursue additional or enhanced charges. Furthermore, individuals who are repeatedly arrested for disorderly intoxication may be required to seek treatment or counseling for alcohol abuse.
Common Misconceptions
“I can’t get arrested if I’m just minding my own business.”
Even if you aren’t causing a scene, law enforcement might intervene if they believe you are a danger to yourself (for example, walking into traffic or passing out in a vulnerable spot). While that might not immediately lead to a disorderly intoxication charge, it can certainly spark an investigation into your behavior.
“If I just walk away, they can’t arrest me.”
Attempting to flee the scene or refusing to obey police orders can escalate the situation. If police suspect that you’re intoxicated in public and being uncooperative or disobedient, it could add to the evidence that you’re causing a disturbance.
“They didn’t test my blood alcohol, so they can’t prove I was drunk.”
While a BAC (Blood Alcohol Content) test is a strong piece of evidence in DUI cases, the law for disorderly intoxication does not always require a specific BAC. Officers can use observations of slurred speech, lack of coordination, or reckless behavior to support a charge.
How to Handle a Public Intoxication Encounter
If you find yourself in a situation where you’ve had too much to drink in a public area, here are a few practical steps to minimize legal risks:
- Stay Calm: Even if you feel you’re being mistreated, shouting or becoming confrontational only makes things worse.
- Cooperate with Law Enforcement: Provide identification, answer basic questions if you’re comfortable, and comply with instructions. Arguing on the spot rarely helps.
- Call a Friend: If possible, have a sober friend or family member help you get home safely.
- Seek Legal Advice: If you’re charged, don’t make any statements about the incident until you’ve consulted with an attorney.
Is Treatment or Counseling Required?
Often, individuals charged with disorderly intoxication have underlying issues with substance use. Courts in Florida may recommend or require treatment programs, counseling, or community service. If substance abuse is a factor in repeated arrests, the judge might view rehabilitation as a priority alongside any punitive measures.
Contact Van Elswyk Law
While having a few drinks with friends is a staple of social life for many Floridians, you have to be mindful of crossing the line from harmless fun into criminal misconduct. Understanding Florida’s laws on disorderly intoxication is crucial to avoid inadvertently finding yourself with a criminal charge. If you land in trouble, it’s wise to seek legal guidance immediately to protect your rights and navigate the legal system effectively.
If you or a loved one is facing a public intoxication or disorderly intoxication charge, contact Van Elswyk Law today. Our firm is dedicated to helping members of the Sarasota, Bradenton, and Tampa communities understand their options and work toward the best possible resolution. Don’t let one night of poor judgment define your future—let our experienced legal team be your guide.