What a Disorderly Intoxication Arrest in Florida Could Mean for Your Future

Key Takeaways:

• Disorderly intoxication is a crime in Florida, charged as a second-degree misdemeanor.
• The State must prove intoxication that endangered someone or property, or drinking or intoxication in public that caused a disturbance.
• Disorderly conduct is a separate charge that does not require intoxication.
• The charge may accompany assault, battery, or resisting allegations, and the outcome can affect your criminal record.

Disorderly intoxication is a crime in Florida. It is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. The charge can arise after an incident at a bar, on the beach, or in a parking lot, sometimes alongside more serious allegations involving fighting or resisting an officer.

A Northwest Florida assault and battery defense attorney at Flaherty & Merrifield handles cases where disorderly intoxication is filed by itself, filed next to a fight-related charge, or added after an encounter with police. A misdemeanor can still show up on background checks, and the way it ends can limit what you are able to seal or expunge later.

Is Disorderly Intoxication a Crime in Florida?

Section 856.011 of the Florida Statutes describes two different situations, and prosecutors must prove at least one of them beyond a reasonable doubt. Being drunk is not enough on its own in either one.

Endangering Another Person or Property

The first version applies when you are intoxicated and endanger the safety of another person or property. It does not require a public place. Examples might include throwing bottles near other people or stumbling into moving traffic while intoxicated, putting drivers or their vehicles at risk.

Causing a Public Disturbance

The second version applies when you are intoxicated or drinking alcohol, in a public place or on a public conveyance, and cause a public disturbance. Examples may include intoxicated behavior that disrupts a crowded sidewalk, interferes with other patrons outside a bar, or creates a disturbance aboard public transportation. 

Whether the conduct violates the statute depends on what actually happened, not simply how loudly someone spoke.

How Is Disorderly Intoxication Different From Disorderly Conduct?

The two charges sound alike and often come from the same kind of night, but they rest on different statutes and different proof.

• Disorderly intoxication (Section 856.011) involves either intoxication that endangers another person or property, or drinking or intoxication in a public setting that causes a public disturbance.
• Disorderly conduct (Section 877.03) covers conduct that disturbs the peace, including fighting or other serious public disturbances. Intoxication is not required, and the First Amendment generally protects speech alone unless it falls within narrow exceptions, such as fighting words.
• Both are second-degree misdemeanors.

The same incident may lead to either charge, but prosecutors must establish the elements of the specific offense. When intoxication is disputed, a disorderly intoxication charge may be difficult to prove. A disorderly conduct charge still requires evidence of conduct that violates Section 877.03, not simply loud or offensive behavior.

Where Do These Charges Come From in Fort Walton Beach and Destin?

These charges can arise from a crowded bar at closing time, a beach gathering that gets out of hand, a parking-lot argument after a game, or a dispute with a bouncer or ride-sharing driver.

When officers respond to a disturbance in Fort Walton Beach or Destin, they must determine whether the behavior meets the legal elements of disorderly intoxication or another offense. These cases often involve no chemical testing, leaving officers' observations, witness statements, and available video as important evidence.

Visitors face an added problem. Someone who is arrested while vacationing in Florida still has court dates after the trip ends and they go home.

What Other Charges Often Come With Disorderly Intoxication?

A night that starts with disorderly intoxication can pick up other charges, especially once police arrive. Each carries its own penalties and its own defenses.

Resisting an Officer

Physically pulling away from an officer or obstructing the officer's lawful duties can lead to a resisting charge. Simply arguing or questioning an officer does not automatically constitute resisting, and the circumstances determine whether the alleged conduct was unlawful.

Battery on a Law Enforcement Officer

An allegation that you intentionally pushed or struck an officer performing official duties can lead to a battery on a law enforcement officer charge, a third-degree felony when the statutory requirements are met.

Assault, Battery, and Aggravated Assault

Arguments in a crowd can also produce assault or battery allegations. Aggravated assault requires proof of an assault involving a deadly weapon without intent to kill or an intent to commit a felony. A heated argument alone does not satisfy those requirements.

What Defenses Apply to a Disorderly Intoxication Charge?

A disorderly intoxication charge does not automatically mean the prosecution can prove its case. The defense starts by examining what officers observed, what witnesses reported, and whether the evidence satisfies the law.

• The State may not be able to prove intoxication when that is the basis of the charge. Fatigue, injuries, or medical conditions can resemble impairment, and an officer's observations may be challenged using witness testimony or video evidence.
• Being loud or intoxicated is not automatically a crime. Prosecutors must prove either intoxication that endangered someone or property, or drinking or intoxication in public accompanied by an actual disturbance.
• Bar surveillance, body camera footage, and phone video can contradict a police report.
• Florida law allows officers to take an intoxicated person home or to a health facility instead of jail. This is discretionary and does not automatically invalidate an arrest, but it may be relevant when your attorney evaluates the circumstances.

How Can a Disorderly Intoxication Case Affect Your Record?

A misdemeanor conviction can appear on background checks, and the way the case ends affects what you can seal or expunge later. According to the Florida Department of Law Enforcement, a person who has been adjudicated guilty of a criminal offense generally cannot obtain court-ordered sealing or expungement. 

If adjudication is withheld, sealing may be possible when other eligibility requirements are met. A dismissal may also support expungement eligibility, making the outcome of your case especially important.

A night out should not have to define your future. At Flaherty & Merrifield, our Fort Walton Beach criminal defense attorneys understand how quickly a minor incident can become a criminal case. If you've been arrested for disorderly intoxication or disorderly conduct in Okaloosa or Walton County, contact our team to discuss your defense options and how we can help protect your record.