Disorderly Intoxication in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the Law Says

Florida's statute covers two situations:

1. Being intoxicated and endangering the safety of another person or property; or
2. Being intoxicated, or drinking an alcoholic beverage, in a public place or in or upon a public conveyance, and causing a public disturbance.

Penalty: second-degree misdemeanor, up to 60 days in jail and a $500 fine.

Repeat offenses: a person convicted (or who forfeited collateral) three times in the preceding 12 months is treated as a habitual offender, and the court may commit the person to an appropriate treatment resource for up to 60 days.

An officer has another option: instead of jail, an officer may take or send the intoxicated person home or to a public or private health facility.

What the State Must Prove

Instruction 30.1 gives the jury one of two versions. In summary:

• Version A: you were intoxicated, and you endangered the safety of another person or property.
• Version B: you were intoxicated or drank an alcoholic beverage in a public place or in or upon a public conveyance, and you caused a public disturbance.

The instruction defines intoxication as more than merely being under the influence: the person must have been so affected by alcohol as to have lost, or been deprived of, normal control of the body, the mental faculties, or both. It also says intoxication is the same as being drunk.

See the elements.

Common Miami Scenarios

• Nightlife arrests in South Beach, Brickell, and Wynwood.
• Festivals, concerts, and games, where crowds and security are heavy.
• Metrorail, Metromover, and bus incidents (a "public conveyance").
• An arrest that starts as disorderly intoxication and grows into resisting or battery.

How We Defend Disorderly Intoxication Charges

• Intoxicated, or just drinking? The instruction requires more than being under the influence. Video of how you walked, talked, and responded matters.
• Who was endangered? Version A needs danger to another person or property, not just to yourself.
• What was the disturbance? Version B needs a public disturbance, not just a drink in hand.
• Public place or not? Whether a particular spot qualifies can be disputed.
• Add-on charges. See Resisting Arrest, Disorderly Conduct, and Assault & Battery Charges.
• Avoiding a conviction. Many first-time cases can be resolved in ways that protect your record. No outcome is guaranteed.
• Visitors and noncitizens. We can often handle court without repeated trips back to Miami, and we look at immigration consequences before any plea. See Immigration Consequences.

What to Do First

1. Don't argue with officers or security.
2. Ask for a lawyer and stop talking about how much you drank.
3. Save receipts, photos, and names of the people you were with.
4. Call us before your first court date.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is it a crime to be drunk in public in Florida?

Being drunk alone is not what this statute punishes. The State must also prove you endangered another person or property, or caused a public disturbance in a public place or on public transportation.

What is the penalty for disorderly intoxication?

It is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

I don't live in Florida. Do I have to come back for court?

It depends on the case and the court. Call us; we will tell you what your case requires.