Disorderly Intoxication
Statute
FLORIDA STATUTE 856.011 Disorderly intoxication.--
- 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.
- 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.
- 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.
Jury Instruction
To prove the crime of Disorderly Intoxication, the State must prove the following two elements beyond a reasonable doubt: Give a or b as applicable.
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- (Defendant) was intoxicated, and
- [He] [She] endangered the safety of another [person] [property].
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- (Defendant) was intoxicated or drank any alcoholic beverage in a [public place] [in or upon a public conveyance] and
- [He] [She] caused a public disturbance.
Definition
"Intoxication" means more than merely being under the influence of an alcoholic beverage. Intoxication means that the defendant must have been so affected from the drinking of an alcoholic beverage as to have lost or been deprived of the normal control of either [his] [her] body or [his] [her] mental faculties, or both. Intoxication is synonymous with "drunk.”
Optional Definition
A "public place" is a place where the public has a right to be and to go.
The defendant's admission that [he] [she] drank an alcoholic beverage is not sufficient by itself to prove beyond a reasonable doubt that [he] [she] was under the influence of an alcoholic beverage but this admission may be taken into consideration along with other evidence.
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