(175) What is Disorderly Intoxication / Conduct in FL? - Michael Haber Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 2017-04-06

Thank you for asking me “What is Disorderly Intoxication / Conduct in FL?”

We’ve all heard the terms disorderly intoxication or disorderly conduct, but what is it?  More importantly what isn’t it?

To prove this offense the State must establish one of two things: 
Either 1) that you were intoxicated and at that time you endangered the safety of another person or property or 2) that you were intoxicated or that you were drinking in public and at that time you disturbed the peace.

To succeed in court the State is gonna have to prove that you were legally intoxicated, which, in FL means that you were “so affected from the drinking of an alcoholic beverage as to have lost or been deprived of the normal control of your body, your mental faculties, or both”.  

FL law actually says that “intoxication is a synonym for being drunk”. 

Further, after establishing that you were legally intoxicated, the State will then have to prove that you either endangered public safety or caused a public disturbance.  

To endanger public safety you must be in public.  So, if you are intoxicated or drinking in a public but your conduct amounts to nothing more than a minor annoyance or nuisance then the crime will not have been proven.  

Similarly, even if your are intoxicated, if you do not endanger the safety of another (not yourself), and if you are in a private place, then you can be as intoxicated and cause as much of a disturbance as you like without violating this particular law.

Disorderly Intox convictions have been tossed out where an intoxicated person ran around a police car screaming “F the police” and where a drunk went to his job, screamed profanities, threw his keys, broke his sunglasses and refused to leave.

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
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