Last updated December 2025
Florida’s disorderly intoxication law is often misunderstood — and frequently misused by police.
Under Fla. Stat. § 856.011, being drunk in public is not a crime by itself. The State must prove:
You were intoxicated, and
You endangered yourself or others OR
You caused a public disturbance.
In South Florida, this charge usually comes from nightlife districts, beaches, bar rows, events, and tourist areas — and many cases fall apart once the actual legal standard is applied.
Here’s what the law requires, and how to fight these cases.
⚖️ What Counts as Disorderly Intoxication?
To convict you of disorderly intoxication, prosecutors must show:
✔ You were intoxicated, and
✔ You endangered the lives, safety, or health of others, or
✔ You created a public disturbance while intoxicated
Examples police claim as disorderly intoxication:
Yelling at strangers
Falling or stumbling in crowds
Arguing outside bars
Sleeping in the wrong area
Refusing to leave an establishment
Being drunk on the beach
But none of these automatically meet the legal standard.
Just like in loitering and prowling, police often treat harmless behavior as a crime when the statute requires specific, provable danger or disturbance.
🚫 What Is NOT Disorderly Intoxication?
It is not a crime to simply be:
Drunk in public
Talking loudly
Sitting on a bench while intoxicated
Walking home from a bar
Waiting outside a club
Crying, upset, emotional, or tired
There must be danger or a disturbance.
This parallels the exact problem we see in motion to dismiss cases where the officer arrests based on conduct that does not meet statutory elements.
🚓 Common Ways These Arrests Happen
Police often arrest for disorderly intoxication when:
Someone talks back to an officer
An intoxicated person refuses to leave a business
A tourist falls asleep on the beach
A person is involved in a loud argument
Someone appears drunk during a welfare check
Police want to “remove someone from the area”
These arrests mirror the same overuse issues seen in unlawful seizure and investigative-stop posts.
🛡️ Defenses to Disorderly Intoxication
At Michael White, P.A., defenses typically include:
✔ No Danger to the Public
If there was no risk to others, the charge fails.
✔ No Public Disturbance
The State must prove more than “annoying” or “loud” behavior.
✔ Self-Defense / Protective Actions
In some cases, you were protecting yourself or someone else.
✔ Unlawful Detention
If police escalated without reasonable suspicion, all evidence may be suppressible through a motion to suppress.
✔ Inconsistent Officer Statements
Bodycam often contradicts claims of danger, similar to victim credibility and inconsistent statements challenges.
✔ First Amendment Issues
Loud or expressive behavior is not automatically criminal.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
Disorderly intoxication charges often arise from misunderstandings or overreactions.
Contact Michael White, P.A. today to challenge the allegations and protect your record.
❓ FAQs — Disorderly Intoxication in Florida
1. Is it illegal to be drunk in public in Florida?
No. Being intoxicated in public is not automatically a crime.
2. Can I be arrested for arguing with someone while intoxicated?
Only if the argument created a genuine public disturbance.
3. What are the penalties for disorderly intoxication?
Up to 60 days in jail and fines — but many cases get dismissed.
4. Can I fight a disorderly intoxication charge?
Yes. These cases often fail due to lack of evidence.
5. Will this go on my criminal record?
It can — unless dismissed or resolved with a withhold.