Spring Break is all about fun – until it isn’t. This article is part of our 10-article series on the unexpected ways a carefree night can lead to serious legal consequences in Florida.
When a Fun Night Out Turns Into Legal Trouble
Picture this: You're out with friends in West Palm Beach, enjoying a few drinks at a local bar. The night is filled with laughter, music, and good times. But as the evening winds down, things take a turn. A disagreement with a bartender, a loud exchange of words, or even just stumbling in public can suddenly land you in handcuffs for disorderly intoxication.
Many people don’t realize that public intoxication itself isn’t illegal in Florida, but certain behaviors while intoxicated can lead to criminal charges. Understanding the law can mean the difference between a warning and a criminal record.
Legal Consequences of Disorderly Intoxication
While it may seem like a minor issue, a disorderly intoxication charge in Florida carries real penalties:
- Misdemeanor Charge: Disorderly intoxication is a second-degree misdemeanor.
- Fines & Jail Time: A conviction can lead to up to 60 days in jail and a $500 fine.
- Criminal Record: Having a misdemeanor on your record can affect employment, housing, and travel opportunities.
- Repeat Offenses: If convicted multiple times within 12 months, a judge may order you to a treatment or rehabilitation facility for up to 60 days.
Real-World Consequences:
Many people don’t realize how quickly a night out can turn into a criminal case. In Florida, leaving a bar or restaurant without paying your tab can also result in an arrest for defrauding an innkeeper, a misdemeanor offense.
As a former prosecutor, criminal defense attorney Brandon Dinetz has seen firsthand how a simple night out can lead to unintended legal trouble. In one case, someone had one too many drinks at a restaurant on Atlantic Avenue in Delray Beach and tried to walk out on his bill. When the waiter and manager confronted him, he became argumentative, loud, and aggressive. As he crossed the street, his cursing and disruptive behavior caught police attention. Despite being given the opportunity to resolve the situation, he refused to pay, and as a result, was arrested for defrauding an innkeeper and disorderly intoxication. He was later convicted at trial and ultimately had to pay his tab.
These situations can escalate fast. If you realize you’ve left a bar or restaurant without paying, turn around and fix the mistake before law enforcement gets involved. Bad decisions fueled by alcohol can lead to serious criminal charges.
What Constitutes Public Drunkenness in Florida?
In Florida, there is no specific law against being intoxicated in public. However, certain actions related to intoxication can result in an arrest under Florida Statutes § 856.011, which covers disorderly intoxication.
According to the law, a person commits disorderly intoxication if they:
- Are intoxicated in public and pose a danger to the safety of others or property.
- Cause a public disturbance while under the influence of alcohol.
This means that simply walking home after a few drinks isn’t a crime, but if your behavior is deemed dangerous, disruptive, or aggressive, police officers can intervene.
Common behaviors that could result in a disorderly intoxication charge include:
- Shouting or arguing loudly in a public place.
- Becoming physically aggressive or refusing to leave a bar.
- Stumbling into traffic or blocking sidewalks.
- Engaging in disruptive behavior that draws police attention.
Common Defenses Against Public Intoxication Charges
If you are facing a disorderly intoxication charge, there are several potential legal defenses that may apply:
- Lack of Endangerment or Disturbance: If you were simply drunk but not a danger to others or disruptive, the charge may not hold up.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that you were intoxicated and endangering others or causing a disturbance.
- Violation of Rights: If the arresting officers failed to follow proper procedures or violated your rights, the case could be dismissed.
- Misunderstandings & Intent: If you were mistakenly accused due to a payment dispute or miscommunication, a strong defense strategy could challenge the validity of the charges.
Why Hiring a Criminal Defense Attorney is Critical
Even a misdemeanor charge can have long-term consequences. Hiring a skilled criminal defense attorney can help you:
- Avoid Harsh Penalties: An attorney may be able to get your charges reduced or dismissed.
- Protect Your Record: Keeping a clean record is essential for employment, housing, and travel.
- Challenge the Evidence: A Florida disorderly intoxication lawyer can question police procedures and fight for your rights.
At BD Law, led by former prosecutor Brandon Dinetz, we understand how stressful and confusing these charges can be. With extensive experience handling disorderly intoxication and related offenses, we work tirelessly to protect our clients from unnecessary convictions.
Final Thoughts: Don't Let One Night Define Your Future
A night out should be fun – not life-changing for the wrong reasons. While enjoying Florida’s nightlife, be mindful of your actions and avoid public disturbances that could lead to an arrest. If you or a loved one is facing public intoxication or disorderly conduct charges, the best thing you can do is seek experienced legal representation immediately.
Charged with Public Intoxication in Florida? Get the Legal Defense You Deserve with BD Law
If you or a loved one has been arrested for public intoxication or disorderly conduct in Florida, time is critical. At BD Law, we fight to protect your rights and your future. Don't let one mistake define your future – reach out to us today for a free consultation and discover how we can help you move forward. We serve clients in West Palm Beach, Miami, Fort Lauderdale, Orlando, Tampa, and across Florida.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for legal guidance on your specific case.