Disorderly Conduct and Disorderly Intoxication arrests are an extremenly common occurrence. The statute provides that these offenses occur when a person's conduct rises to a level that causes a breach of the peace or in the case of disorderly intoxication causes a public safety concern as a result of being intoxicated. In most cases, it is the arresting officer's subjective opinion as to when this occurs. However, often times with these types of cases, there is a difference in how one may interpret each event to determine whether it rises to the level of a criminal violation. For instance, there may have been a violation of your First Amendment right to free speech which was interpreted as a breach of the peace or public safety concern.
If you or a loved one have been arrested for a charge of disorderly conduct and/or disorderly intoxication, contact Hager & Schwartz, P.A. today for a free consultation!
Disorderly Conduct Statutes
877.03 Breach of the peace; disorderly conduct.--
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.-- s. 1, ch. 59-325; s. 1147, ch. 71-136; s. 2, ch. 86-174.
509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability.--
(1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection.
(2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others.
(3)An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2).
(4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer.
History.-- s. 1, ch. 86-174; ss. 14, 52, ch. 90-339; s. 4, ch. 91-429.
Disorderly Intoxication Statutes
856.011 Disorderly intoxication.--
(1)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.
(2) 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.
(3)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.
History.-- s. 16A, ch. 71-132; s. 1383, ch. 97-102.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami criminal defense attorney about your legal rights and responsibilities regarding your particular case.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.
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