What Are the Penalties for Public Intoxication in Miami?

By Jonathan Blecher on December 3, 2018

Miami is recognized around the world for having some of the hottest nightlife across the globe, and the city does not disappoint locals and visitors alike – it holds up to its reputation. Because Miami is home to some of the best bars and nightclubs in the country, it has its fair share of alcohol-related arrests, but that’s no surprise.

Aside from the ever-popular “driving under the influence” or DUI offense, another common alcohol-related charge has to do
with public intoxication or public drunkenness. In Florida, the term is actually called “disorderly intoxication,” which is another
way of saying someone was “drunk in public.”

Disorderly intoxication may be a seemingly minor offense, but I assure you that even a misdemeanor on your criminal record can be a deal breaker for future housing and employment opportunities for years to come. It’s definitely worth fighting.

Disorderly Intoxication in Florida

Disorderly intoxication (public drunkenness) in Florida is covered under Section 856.011 of the Florida Statutes. Under Sec. 856.011(1) it reads: “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.”

Disorderly intoxication is a misdemeanor of the second-degree, punishable by:

  • A fine not to exceed $500.
  • A term of imprisonment not to exceed 60 days.

Examples of public intoxication include someone who is staggering drunk in a bar, falling over tables and knocking fellow bar patrons down. Another example is a man who is drunk at a bar and he’s yelling at people, trying to pick a physical fight with people nearby. But in reality, there are many situations where someone can be charged under this section.

Related: Can the Cops Follow Me from a Bar?

Facing alcohol-related charges in Miami? Contact my firm today at 305-321-3237!

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