You got into an argument outside a bar. A bouncer called the police. Maybe you’d been drinking and things got loud. The officer decided you were being “disorderly” — and now you have a criminal charge.
Disorderly conduct and disorderly intoxication are two of the most commonly charged offenses in Miami-Dade County. They’re the “catch-all” charges police use when a situation escalates but doesn’t rise to the level of battery or assault. Don’t let the name fool you — a conviction is still a criminal record.
Two Charges, Two Statutes — Know the Difference
Conduct that corrupts public morals, outrages the sense of public decency, or breaches the peace. Does not require intoxication.
Penalty: 2nd degree misdemeanor. Up to 60 days jail, $500 fine.
Being intoxicated in a public place and either endangering safety of others or property, or causing a public disturbance.
Penalty: 2nd degree misdemeanor. Up to 60 days jail, $500 fine.
What the State Must Prove
These charges sound simple, but the statutory elements are specific — and prosecutors frequently overcharge them:
The State must prove your specific conduct — not just that you were loud or unpleasant — constituted a breach of the peace or outraged public decency. Florida courts have held this statute is limited to “fighting words” or conduct that is likely to incite an immediate breach of the peace. Being rude, argumentative, or annoying is not enough.
The State must prove both that you were intoxicated and that you either endangered the safety of another person or property, or caused a public disturbance. Being drunk in public, by itself, is not illegal in Florida. The prosecution must prove both elements.
Common Defenses
Yelling, cursing, arguing, and expressing displeasure — even loudly — are generally protected speech. Florida’s disorderly conduct statute has been narrowed by courts to exclude speech that does not rise to “fighting words” or conduct likely to provoke an immediate violent response.
For disorderly intoxication, being drunk is not the crime — causing a disturbance or endangering someone is. If you were intoxicated but quietly walking to your hotel, sitting on a bench, or waiting for a rideshare, no disturbance or danger was created.
Disorderly intoxication requires you to be in a “public place.” A hotel room, a private residence, a private party, or an area not open to the general public may not qualify. The location matters.
In some cases, the “disturbance” was created by the police response itself — lights, sirens, commands — not by the defendant’s conduct. If the situation was calm until officers escalated it, the charge may be challengeable.
A “Minor” Charge With Major Consequences
A second-degree misdemeanor may sound minor. It is not. A conviction is a permanent criminal record. It appears on background checks for employment, housing, professional licensing, and education. For visitors from outside Florida, the conviction follows you home. For non-citizens, even a misdemeanor can trigger immigration consequences.
These charges are also frequently paired with other offenses — resisting arrest, battery, DUI, or trespassing. Each additional charge increases your exposure. An experienced attorney addresses every charge strategically.
As a former Miami-Dade Assistant State Attorney, Dennis Gonzalez Jr. handled these cases as a prosecutor and knows exactly what the State needs to prove — and where those cases fall apart. He reviews body camera footage, challenges officer narratives, and fights for dismissals, reductions, and outcomes that keep convictions off your record. Call 24/7.
11401 SW 40 Street, Suite 250, Miami, FL 33165
¿Habla español? Llame al (305) 209-0384 • dgonz.com/consulta.html
This page is for general informational purposes only and does not constitute legal advice. Every case is different. Viewing this page does not create an attorney-client relationship.