In the State of Florida, disorderly intoxication is a misdemeanor of the second degree, punishable by a maximum of 60 days in jail, a $500 fine, and 6 months probation.
Disorderly intoxication arrests are common among tourists. People like
to come to Miami-Dade County for the nightlife, and while wandering the sidewalks
of South Beach or Las Olas, if they are obviously intoxicated and appear
to be making a scene, they could be arrested and charged with disorderly
intoxication.
Now, disorderly intoxication is more than just being drunk in public. The
State must prove beyond a reasonable doubt that the accused person was
intoxicated, and that there actions were causing a danger to the community.
Cops usually try to justify their arrests by stating that "crowds
were forming" and that the accused person was "walking into
traffic." Unfortunately, those two things can help the State get
a conviction.
Most disorderly intoxication arrests can be done through the issuance of a
promise to appear (PTA), provided the accused person is in the company of friends or family who
can get them home safely. If you are alone and the cops think you are
too drunk to get home on your own, they will have no choice but to physically
arrest you. If you are not released on recognizance (ROR'd), the initial
appearance judge will likely issue a $500 bond.
If you are a
first-time offender, the State will likely offer you pretrial diversion (PTD) with conditions
that may include some type of alcohol awareness course. These are usually
done online.
If you have a prior criminal history, the State will likely seek a
withhold of adjudication followed by probation, or a conviction and jail time.
If you opt for PTD, your record can be
expunged once you have completed your program.
The truth is, disorderly intoxication is a stupid charge, and one that
should be fought. Cops are not trained the way attorneys are. They make
snap decisions based on what's available to them at the moment of
arrest. But being drunk in public, by itself, is not a crime. If that
were the case, everybody on South Beach would be arrested each and every night.
As a former prosecutor, I can tell you that proving disorderly intoxication
is difficult as it is based almost solely on officer observations. This,
I find, is some of the weakest evidence the State can offer.
Don't simply accept a plea without first discussing the matter with a
criminal defense attorney who handles disorderly intoxication cases in Miami-Dade and Broward.
Call me today for an evaluation of your case.