If you've been arrested for Disorderly Intoxication, you may face criminal misdemeanor charges. Many people arrested for Disorderly Intoxication feel that they have done nothing wrong and that the police officer is misunderstanding the situation. Legally, disorderly intoxication is conduct that rises to the level of a "public disturbance". For example, many persons are arrested for disorderly intoxication at Jacksonville Jaguar or Florida-Georgia games.
First Amendment issues are often implicated in this kind of charge because a person's freedom of speech can be hindered unjustly. The police officer is the one that makes the initial determination if the individual is intoxicated and a danger to the public or to property. Often, the complainant to a disorderly conduct charge disappears and is no longer available to the State. This can result in a dismissal of charges.
The law allows the police officer the option to take the intoxicated person home or to commence an arrest. At Arnold Law Firm, we practice not just the science of lawyering but the art of being a lawyer. In Disorderly Intoxication, there is an art and a science to the defense. There are numerous examples of convictions for Disorderly Intoxication being reversed on appeal. Therefore, don't just "plea out" to the charge because there may be a complete legal defense to the charge.
Also, the art of defense of disorderly intoxication is in the resolution of the matter in a favorable way. If the State can prove that you have committed the offense, there are potentially creative resolutions to the matter which may result in a disposition that will not be on your record. At Arnold Law Firm, we don't just tell our client's story to the prosecutor or judge, we humanize our clients to the judge, jury, or prosecutor. In you were arrested in Jacksonville, St. Augustine, Daytona Beach, or Ponte Vedra for disorderly intoxication, contact our experienced criminal defense attorneys for a 30 minute free consultation today at .
FLORIDA'S DISORDERLY INTOXICATION LAWS
877.03 Breach of the peace; disorderly conduct
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.
509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.
(2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.
(3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).
(4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.
History.--s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.
Updated from http://www.flsenate.gov/ as of September 1, 2009.