Miami, Fort Lauderdale, Broward County, and Miami Dade County are areas of South Florida where people regularly become intoxicated. The police are aware of this reality and make many arrests for disorderly intoxication. There are thousands of tourists, young people, college students, and nighttime party goers conglomerated into a few areas where the sale of alcohol is prevalent. As a result of a large spectrum of people becoming intoxicated, some will become disorderly to the point of becoming a danger to themselves and others. However, the police often act too quickly and make an arrest based solely on the statement of a bartender, bouncer, or security guard. To prove the criminal offense of Disorderly Intoxication, the State Attorney must prove beyond a reasonable doubt that the criminal suspect was intoxicated, and that he or she endangered the safety of another person or property, or that the criminal suspect was intoxicated or drank any alcoholic beverage in a public place or in a public conveyance and caused a public disturbance. “Intoxication” means more than merely being under the influence of an alcoholic beverage. Intoxication means that the criminal suspect 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 or her body or his or her mental faculties, or both. Intoxication is synonymous with “drunk.” A “public place” is a place where the public has a right to be and to go. The criminal suspect’s admission that he or she drank an alcoholic beverage is not sufficient by itself to prove beyond a reasonable doubt that he or she was under the influence of an alcoholic beverage but this admission may be taken into consideration along with other evidence.
In these situations where people face charges of disorderly intoxication, it is best to consult a criminal defense attorney who can take the challenge of defeating the criminal charges the state attorney prosecutes in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense attorney in Miami, Fort Lauderdale, Broward County, and Miami Dade County. He has practiced criminal litigation since 1991 and has gained extensive experience as a criminal defense lawyer. If you have been charged with Disorderly Intoxication, contact Hassett and Associates, P.A. 24 hours per day seven days per week for a free consultation with a criminal defense attorney who will explain your rights and represent you against the State Attorney in criminal court.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.