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In Florida, Disorderly Intoxication is committed when you are intoxicated and endanger the safety of another person or property; or are intoxicated or drank any alcoholic beverage in public and caused a public disturbance.

Penalties for a Disorderly Intoxication Charge

In Florida, Dealing in Stolen Property is classified as a second degree misdemeanor punishable by up to:
  1. Sixty days in the county jail;
  2. Six months of supervised probation;
  3. A $500 fine

Defenses to a Dealing in Disorderly Intoxication Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Disorderly Intoxication charge in Florida include:

You were not "intoxicated" as defined under Florida law
The Florida definition of “intoxicated” under the Disorderly Intoxication statute means more than merely being under the influence of an alcoholic beverage. Rather, it means that you must have been so affected from alcohol so as to have lost control of your normal faculties.
 
Being “buzzed” or “tipsy” may not fit the definition of “intoxicated” as defined under Florida law and may serve as a valid defense to a Florida Disorderly Intoxication charge.
 
Even if you admit to drinking alcohol at the time the offense allegedly occurred, this, in and of itself, will not be sufficient to prove you committed the crime of Disorderly Intoxication beyond a reasonable doubt. However, such a statement will be taken into consideration along with several other factors.
 
Details will be very important with this defense due to the subjective nature of what constitutes “intoxicated.”

You were not in a "public place" as defined under Florida law
The Florida definition of “public place” under the Disorderly Intoxication statute means a place where the public has a right to be and go.
 
Obviously, if you were in a private place, you will have a valid defense to a Disorderly Intoxication charge in Florida. However, it is important to understand that “public place” does not necessarily mean outside.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Disorderly Intoxication in Florida!
(407) 545-6416