Florida Statute 856.011 — disorderly intoxication — is the charge that follows a rough night out. It is a second-degree misdemeanor (up to 60 days), and it requires more than simply being drunk.
What the state must actually prove
There are two distinct ways to violate the statute: being intoxicated and endangering the safety of another person or property, or being intoxicated or drinking in a public place and causing a public disturbance. Drunk alone isn’t enough; the endangerment or disturbance element is where these cases turn.
The repeat-offender wrinkle
Three convictions within 12 months lets the court declare you a habitual offender and commit you to a treatment resource for up to 60 days — a civil-style commitment written directly into the criminal statute.
The detail most people miss
The statute expressly lets officers take an intoxicated person home or to a health facility instead of jail. That discretion exists in the text — which means how you interact with the officer in those two minutes often decides whether you get a courtesy ride or a criminal record. If you already got the record, a charge this small is still worth defending: it is an alcohol-related conviction that follows you into every background check.
Picked up for disorderly intoxication in Polk County? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 856.011 (official Florida Statutes). Related on this site: Disorderly conduct defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.