If you happen to be sipping whisky from a silver flask, the Clermont Police Department cannot arrest you for disorderly intoxication without proving elements of the crime you may not be displaying. You must be intoxicated enough to lose normal control of your mind or body, and your actions must cause a public disturbance or endanger another person. The prosecutor must pick one of these two paths while considering what you do while intoxicated, which is the crux of the charge rather how much you had to drink.
Our criminal defense attorneys can help you in this situation. The state must prove the elements of endangering someone’s safety or causing a public disturbance beyond a reasonable doubt. A competent Clermont disorderly conduct and intoxication lawyer from The Umansky Law Firm is your voice and advocate, planting those seeds of doubt and defending you against harsh consequences.
According to Florida Statutes § 856.011, disorderly intoxication is a second-degree misdemeanor for which you can spend up to 60 days in jail and be fined up to $500. You also face probation during which you must abstain from alcohol and be assessed for alcohol consumption.
The legal standard the court imposes for intoxication is not the same as for driving under the influence. People tolerate alcohol differently, and the standard for disorderly intoxication is not a 0.08 BAC, but that you are physically or mentally unable to function, such as walking normally or making decisions.
If you are convicted three times in a 12-month period, you will be labeled a habitual offender and will also be sentenced to mandatory alcohol treatment for 60 days.
Your Clermont disorderly intoxication attorney understands that beyond the prospective jail time and fines, you may be subject to heightened scrutiny by a professional licensing board, and the Adjudicative Guideline G posts that alcohol-linked situations raise questions about reliability if you are seeking a security clearance or federal employment. With compassion and skill, we resolve these issues by seeking the best outcome for you.
The prosecution in Clermont must prove you endangered the safety of others, or you created a public disturbance before you can be convicted of disorderly conduct because you were intoxicated. To prove you have endangered someone’s safety, you must create a real danger, not just make someone else uncomfortable, and you do not need to be on public property to do it. Aiming empty beer bottles at passersby from your porch may be actionable, but stumbling down the sidewalk talking to yourself probably is not.
To cause a public disturbance, you must be intoxicated in public, on land or in a public vehicle. The element of disturbing the peace means you interfere with the peace of others who have a right to be on the premises, not just that you are drunk in a public place. This could include blocking that bus passenger from exiting the vehicle while screaming obscenities at them.
Because disorderly intoxication is a subjective observation by the arresting officer of a person’s behavior and is not measured by a breathalyzer, challenging that the person was drinking but did not lose normal control but was functioning at the time is a strong defense. Other defenses include:
A defense is meant to refute what the prosecutor must prove. If a jury believes the disorderly intoxication defense could be true, your Clermont lawyer will prevail, which is justice at work.
Our lawyers have a longstanding tradition of putting our neighbors and their families first when legal problems arise and you need a steadfast and successful advocate to defend you. A Clermont disorderly conduct and intoxication lawyer can restore your future and peace of mind. Call The Umansky Law Firm now and we will roll up our sleeves and get to work for you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
