Public Intoxication Defense Attorney Okaloosa County
Arrested for Disorderly Intoxication In Destin or Ft Walton Beach
Public intoxication, to a degree that the person may endanger themselves, others, or property and the consumption of alcohol in public or on a public conveyance and causing a disturbance is illegal under Fla. Stat. 856.011.
However, intoxication is more than being under the influence of alcohol; it means that the person was so affected by the alcohol they (somewhat obviously) lost normal control of bodily and/or mental control.
In order to convict a defendant for disorderly intoxication, there are two elements the state must prove to get the penalties they want:
1. That the defendant was intoxicated and endangered the safety of another. 2. That the defendant drank alcohol and was intoxicated in a public place and caused a public disturbance.
What Are The Defenses To Disorderly Intoxication
There are several defenses for disorderly intoxication, most of which are related to what turns out to be a general lack of evidence to prove the crime beyond a reasonable doubt.
It may be that the State cannot adequately prove that the defendant was intoxicated at the time of arrest, because it is difficult to quantify this without direct and substantial evidence such as a blood test.
It can also be argued that the defendant was not in a “public place” at the time of arrest.
If you or a family member who is visiting the area was arrested for Disorderly Intoxication in Destin, Fort Walton Beach, or someplace else in Okaloosa County or Walton County, call Lupella & Rehr for a free consultation and let’s see what we can do – (850) 362-6655.