Florida Disorderly Conduct & Disorderly Intoxication
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 The information presented at this site is not legal advice, and does not create an attorney-client relationship.  This site is designed to provide only general
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Florida Criminal Lawyer - Disorderly Conduct & Intoxication:
Cases involving disorderly conduct and disorderly intoxication, while generally
viewed as less serious criminal offenses, still have significant penalties,
including jail time and the loss of the individuals driving privileges.  If you have
been arrested for a disorderly conduct or disorderly intoxication offense, you
should speak with an experienced criminal defense attorney at your earliest
opportunity to learn about your rights and the defenses that may be available
to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation   

The following section of this page provides some information regarding criminal offenses involving disorderly
conduct & intoxication.

Disorderly Intoxication - This law states that no person shall be intoxicated and endanger the safety of
another person or property, and that no person shall be intoxicated or drink any alcoholic beverage in a public
place or in or upon any public conveyance and cause a public disturbance.  This offense is a second degree
misdemeanor punishable by up to 60 days in the county jail.

In addition, any person who has been convicted or has forfeited collateral under this offense three times in the
preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate
treatment resource for a period of not more than 60 days.

Disorderly conduct - Involves a person committing such acts that 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.  A person can also commit this offense by engaging in brawling or fighting, or engaging in such conduct
that constitutes a breach of the peace.  This offense is a misdemeanor of the second degree punishable by up
to 60 days in the county jail.

The following Florida Statures provides some more information about crimes involving disorderly conduct &
intoxication.

Florida Statute 856.011 - Disorderly intoxication.

(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no
person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public
conveyance and cause a public disturbance.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1)
three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court
to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of
incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her
or his home or to a public or private health facility, and the law enforcement officer may take reasonable
measures to ascertain the commercial transportation used for such purposes is paid for by such person in
advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.

Florida Statute 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.

Florida Statute 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.


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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orange
County criminal defense lawyer about your situation or to schedule a Free Initial Consultation.  The Wilson Law
Firm represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as
well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orlando Criminal Defense Attorney & Orange County DUI Lawyer
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Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
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Florida Crimes & Laws