Disorderly Intoxication

Quick answer: In Florida, disorderly intoxication under §856.011 is a second-degree misdemeanor. The State typically must prove you were intoxicated and endangered the safety of another person or property, or caused a public disturbance while intoxicated in a public place (or on public transportation). Maximum penalties are up to 60 days jail and a $500 fine (§775.082; §775.083). Many first-time cases can be resolved without a conviction—preserving eligibility to seal or expunge the record.

drunk and disorderly

What Is Disorderly Intoxication in Florida?

Unlike disorderly conduct (breach of the peace), disorderly intoxication requires proof that you were intoxicated and either endangered someone’s safety/property or caused a public disturbance in a public place or on a public conveyance (§856.011).

Common Examples

  • Intoxicated person yelling, provoking a crowd, or blocking traffic outside a bar or venue.
  • Intoxication on a bus, train, or rideshare that causes a disturbance to passengers.
  • Alcohol-related scuffles or unsafe behavior that risks injury or property damage.
  • Refusing to comply with lawful dispersal while intoxicated in a public place.

Florida does not criminalize mere drunkenness. The State must show intoxication plus endangerment or a public disturbance.

Penalties & Collateral Consequences

Offense Level Maximum Criminal Penalties Collateral Issues
Second-Degree Misdemeanor (§856.011) Up to 60 days jail, up to 6 months probation, and up to a $500 fine. Background checks; professional/licensing concerns; immigration, education, housing, and employment screening.

Typical Bond & Release

Disorderly intoxication is usually on the county misdemeanor bond schedule. Bonds are often in the low hundreds of dollars (varies by county and history). If bond is too high—or special conditions apply—we can seek a reduction or alternative release. Learn more:

Bond Hearing Help
Bail Bond Lawyer
What is a Nebbia Hold?

Likely Outcomes (What We Aim For)

  • Pre-filing declination (prosecutor chooses not to file).
  • Dismissal (insufficient evidence, suppression, or program completion).
  • Reduction to a lesser offense or civil infraction.
  • Withhold of adjudication (no formal conviction), protecting sealing eligibility.
  • Not guilty at trial when facts and law support it.

Common Defenses We Explore

  • No public place / no public disturbance (private location or minimal impact).
  • No intoxication (insufficient proof; medical explanations mimic intoxication).
  • No endangerment (no risk to persons or property, no unsafe conduct).
  • Unlawful stop/arrest (lack of probable cause; suppress resulting evidence/statements).
  • Self-defense / necessity where force or conduct was justified.
  • Video/witness contradictions (body-cam, surveillance, civilian footage undermine the State’s narrative).

How to seal or expunge a disorderly intoxication charge in Florida

Sealing & Expungement: Clearing Your Record

With a favorable result, you may qualify to seal (withhold of adjudication) or expunge (dismissed/no-filed) your case. The first step is obtaining an FDLE Certificate of Eligibility, then petitioning the court.

How to Seal or Expunge (Guide)
FDLE: Seal & Expunge

Even after an order is granted, some agencies retain access to sealed/expunged records. We’ll explain expectations and help you through each step.

What To Do Next

  1. Call an experienced criminal defense attorney immediately.
  2. Don’t give recorded statements without counsel.
  3. Preserve evidence (videos, photos, eyewitness info, receipts, ride logs).
  4. Attend all court dates and comply with release conditions.
  5. Work toward dismissal/reduction and plan for sealing/expungement if eligible.

Why Choose Fighter Law

  • Board-Certified trial leadership and daily local-court experience.
  • Fast action on bond, discovery, motions, diversion.
  • Outcome-focused strategy to avoid convictions and protect your record.
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FAQs: Disorderly Intoxication

What does the prosecutor have to prove?

That you were intoxicated and either endangered someone’s safety/property or caused a public disturbance in a public place or on public transportation (§856.011).

Is this different from disorderly conduct?

Yes. Disorderly conduct (our guide) doesn’t require intoxication; it focuses on breach of the peace.

What’s the typical bond?

Often a few hundred dollars on a misdemeanor bond schedule (varies by county/history). If high, we can seek reduction or alternative release. See our Bond Hearing page.

Will this stay on my record?

Arrests appear on background checks even if the case is dismissed. If you qualify, we’ll help you seal or expunge it.