Can You Be Arrested for Public Drunkenness in Florida? What Spring Breakers Need to Know

Florida’s Public Intoxication Laws: What You Need to Know

Spring Break in Florida means sun, fun, and plenty of nightlife. With thousands of visitors hitting Fort Lauderdale, Miami, and West Palm Beach, the party scene is in full swing. But while Florida is known for its vibrant atmosphere, getting too carried away can lead to legal trouble.

Florida’s beaches, bars, and nightclubs are some of the most popular party spots in the country, and local law enforcement is well aware. Police patrol these areas heavily during peak tourist seasons, and a fun night out can quickly turn into an unexpected legal issue if you’re not careful. Understanding how public intoxication laws work in Florida can help you avoid unnecessary trouble.

What Counts as Public Intoxication in Florida?

While Florida doesn’t have a law that outright bans public intoxication, that doesn’t mean you can drink in public without consequence. If your behavior becomes disruptive or dangerous, you could still be arrested under Florida’s disorderly intoxication law (Statute 856.011). This law applies when someone is:

Intoxicated in a public place, and
Causing a disturbance, posing a threat to public safety, or disrupting public order.

In other words, sipping a drink on the beach isn’t a crime—but if your actions escalate, the situation can change quickly. Yelling at strangers, stumbling into traffic, or starting fights can lead to an arrest for disorderly intoxication.

Police officers have the discretion to decide whether someone’s behavior crosses the line. What feels like harmless fun to you might be seen as a public safety concern by law enforcement. Officers don’t need a breathalyzer or medical test to make an arrest, but they do need reasonable suspicion or probable cause to believe you’re a danger to yourself or others.

Because enforcement often depends on the situation and the officer’s judgment, it’s smart to stay aware of your behavior—especially during Florida’s busy tourism seasons when police presence tends to increase.

What Happens If You’re Arrested for Disorderly Intoxication?

A disorderly intoxication charge is a second-degree misdemeanor, meaning you could face:

Up to 60 days in jail
A fine of up to $500
A criminal record, which can affect jobs, housing, and travel

Beyond the direct penalties, an arrest for public drunkenness can have lasting consequences. Employers, landlords, and even educational institutions may view a disorderly intoxication conviction negatively. If you’re a student on Spring Break, getting arrested could impact scholarships, internships, or even your academic standing.

Having a criminal record, even for a misdemeanor, can create challenges when applying for professional licenses or security-clearance jobs.

Beyond Public Drunkenness: What Else Can Get You in Trouble in Florida?

Disorderly intoxication isn’t the only offense that can land you in trouble during Spring Break. Law enforcement also enforces laws against these common violations:

Open container violations: Drinking in public areas without permission can lead to citations or arrests.
Public urination: Getting caught relieving yourself outside can result in disorderly conduct charges.
Fights and brawls: Even a minor bar scuffle can escalate into an assault or battery charge.
Trespassing: Jumping onto private property (or someone’s yacht) might seem harmless, but it’s illegal.
Boating under the influence (BUI): Operating a boat or jet ski while intoxicated carries similar penalties to a DUI.
Fake IDs and underage drinking: Getting caught with a fake ID or drinking under 21 can result in additional charges.
Indecent exposure: Flashing, streaking, or urinating in public can be classified as a sex offense in certain situations, which can result in serious legal repercussions.

Common Questions About Public Intoxication in Florida

1. Can I Be Arrested Just for Being Drunk in Public?

No. Simply being intoxicated isn’t a crime in Florida. But if your behavior becomes disruptive, aggressive, or dangerous, law enforcement can step in.

Additionally, some officers may make an arrest if they believe you are a risk to your own safety. If you are found passed out on the sidewalk or wandering into traffic, you could be taken into custody for disorderly intoxication or even held for your own protection until you sober up.

2. What Should I Do If I’m Arrested for Public Intoxication in Florida?

Stay calm: Arguing or resisting arrest makes things worse.
Use your right to remain silent: Don’t explain, apologize, or try to talk your way out.
Don’t plead guilty right away: A Florida criminal defense attorney can help you explore options to get charges dropped or reduced.
Avoid discussing your case on social media: Anything you post online could be used against you.
Contact a criminal defense attorney immediately: The sooner you have legal representation, the better your chances of a positive outcome.
Gather evidence: If possible, document the situation by getting witness statements or video footage that could help challenge the charges.

3. Can a Public Intoxication Charge Impact My Future?

Yes. A misdemeanor conviction can:

Show up on background checks
Make job hunting harder, especially in certain industries
Create immigration complications for non-citizens
Impact professional licenses or certifications
Lead to increased scrutiny in future legal matters
Affect student status and eligibility for financial aid

If you were visiting Florida on vacation, a charge like this could follow you home, making it even more important to handle it properly. Some states have reciprocity agreements, meaning that an offense committed in Florida could still show up in legal records elsewhere.

Why Having a Criminal Defense Lawyer Matters

If you’re arrested in Florida for disorderly intoxication or any related offense, having a lawyer can make all the difference. A skilled criminal defense attorney can:

Challenge the charges: Were you really disturbing the peace, or was it an overreaction?
Negotiate with prosecutors: A lawyer may be able to get your charges reduced or dropped.
Protect your record: Unlike some other misdemeanors, a disorderly intoxication conviction in Florida cannot be erased. Since expungement and sealing are not options, the best way to safeguard your record is to fight the charge before a conviction occurs.
Advise you on your legal rights: Many arrests during Spring Break stem from misunderstandings, misinterpretations of the law, or increased law enforcement efforts during peak tourism seasons.
Help out-of-state visitors: If you don’t live in Florida, an attorney can represent you without requiring you to travel back for court hearings.

At BD Law, we defend out-of-state visitors and Florida residents facing public intoxication, disorderly conduct, and other alcohol-related charges in Fort Lauderdale, West Palm Beach, Boca Raton, Miami, and beyond. One mistake shouldn’t ruin your future.

Arrested in Florida During Spring Break? BD Law Can Help

Facing public intoxication or disorderly conduct charges in Florida? What you do next can make all the difference. At BD Law, led by former prosecutor and experienced criminal defense attorney Brandon Dinetz, we specialize in defending individuals facing charges for felony and misdemeanor offenses in South Florida. We’ll analyze your case, challenge weak evidence, and work to minimize or dismiss the charges whenever possible.

Whether you’re an out-of-state visitor or a Florida resident, our experienced criminal defense team is here to protect your rights. Contact BD Law today for a free, confidential consultation. The earlier you seek legal help, the better your chances of a favorable outcome.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and legal interpretations can change, and the information provided may not apply to your specific situation. If you are facing criminal charges, you should seek professional legal counsel to discuss your case.

Can You Really Get Arrested for Public Drunkenness in Florida?