Gainesville disorderly intoxication lawyers
If you’ve been charged with disorderly intoxication, you need experienced criminal defense attorneys who understand both Florida law and the local legal landscape. At Rush & Frisco, we’ve represented countless clients in cases like these—and we know how to fight for your future.
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What is disorderly intoxication under Florida law?
Florida Statute § 856.011 defines disorderly intoxication as either:
- Being intoxicated in a public place and endangering the safety of another person or property, or
- Consuming alcohol in public and causing a public disturbance.
To secure a conviction, the State must prove all three of the following:
- The individual was intoxicated (not just had a drink—actual impairment is required),
- The individual was in a public space or on public transportation,
- Their behavior created a threat to safety or caused a disturbance.
Intoxication, in this context, means more than just having alcohol in your system. It refers to a loss of normal control over your body or mental faculties. An officer’s observation alone may not be enough—admitting you had a drink is not the same as legal intoxication.
Penalties for disorderly intoxication in Florida
Disorderly intoxication is a second-degree misdemeanor in Florida. A conviction can lead to:
In some cases, law enforcement may issue a Notice to Appear in lieu of arrest. However, that still means a criminal charge has been filed and a court appearance is required.
The consequences can stretch far beyond the courtroom. A criminal conviction may affect job opportunities, housing applications, professional licensing, and academic standing.
College students: know your rights
Gainesville is home to the University of Florida and Santa Fe College—two campuses surrounded by nightlife, student housing, and major sports events. Disorderly intoxication charges spike during football season, spring break, and other high-traffic times. Students face unique risks:
Campus discipline:
Schools may pursue their own disciplinary actions regardless of the outcome in court.
Academic impact:
Scholarships, campus housing, or study abroad programs can be affected.
Future goals:
A misdemeanor conviction can complicate graduate school applications, internships, or background checks.
Kickstart your case with a no-fee consultation!
At Rush & Frisco, we don’t treat these cases lightly. We work to have charges reduced or dismissed, and we explore diversion programs or expungement when available. If you're a student—or the parent of one—don’t wait to get experienced legal guidance.
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Defending disorderly intoxication charges
Our legal team examines every detail of your case:
- Was there enough evidence of intoxication?
- Was the behavior truly dangerous or disruptive?
- Did law enforcement follow proper procedures?
- Are there witnesses or video footage that contradict the charge?
We aim to protect your rights and preserve your record. In many cases, it’s possible to avoid a conviction or have charges dropped entirely.
Talk to a Gainesville criminal defense attorney today
If you’ve been charged with disorderly intoxication, the sooner you act, the better. Whether you’re a student, a visitor, or a Gainesville resident, we’re here to help.
Rush & Frisco Law has decades of experience defending clients in Alachua County and throughout Florida. Let us put our experience to work for you.
Most asked questions about disorderly intoxication in Gainesville
Disorderly intoxication charges are more common than many realize—especially in a college town like Gainesville. Whether you were cited after a night out or caught up in a misunderstanding, it’s normal to have questions about what happens next. Below are the most common questions we hear from clients facing this charge in Florida.
Can I be arrested for just being drunk in public in Gainesville?
Not necessarily. Simply being drunk in public is not a crime unless your behavior is disruptive or dangerous to others.
What qualifies as a “public disturbance”?
A public disturbance involves loud, aggressive, or disruptive behavior that interferes with others’ ability to use public spaces peacefully.
Can I be charged even if I wasn’t driving?
Yes. This charge has nothing to do with driving—it applies to behavior while intoxicated in public places, not behind the wheel.
Do I have to go to jail for disorderly intoxication?
Not always. Law enforcement can issue a Notice to Appear instead of arresting you, but it's still a criminal charge that requires a court appearance.
Will a disorderly intoxication charge show up on my record?
Yes, unless it’s dismissed, sealed, or expunged. A conviction creates a criminal record that can affect employment, housing, and education.
How does this charge affect UF or Santa Fe students?
Students may face academic discipline, loss of scholarships, or housing issues, even if the criminal case is dropped.
Can this charge be dropped or reduced?
Yes. An experienced defense attorney may be able to get the charges dismissed, reduced, or resolve them through diversion programs.
Do I need a lawyer if it’s “just” a misdemeanor?
Absolutely. Even a misdemeanor can have lasting consequences. An attorney can protect your rights and help you avoid a criminal conviction.
Rush & Frisco Assault and Battery Criminal Defense Law Firm Gainesville, FL | 11 SE 2ND Ave | Gainesville, FL 32601 | Map | Tel: (352) 373-7566
