Alcohol consumption at parties is relatively common. Most people assume that if they are of legal drinking age and make safe choices, they can drink as much as they want.
People treat alcohol as a social lubricant and may drink freely, especially if they know they don’t need to drive home afterward. Those at social gatherings or popular restaurants might consume more than they should, resulting in intoxication.
Chemically-impaired individuals may recognize that they should not drive to avoid drunk driving allegations. Are they at risk of prosecution for simply being out in public while inebriated?
Public intoxication is a misdemeanor crime
Florida does treat public intoxication as a type of disorderly conduct. The state refers to visible impairment in public locations as disorderly intoxication. People who are loud, aggressive or otherwise disruptive while under the influence are theoretically at risk of a second-degree misdemeanor charge.
The penalties the courts could impose for a guilty plea or conviction include up to 60 days in jail, six months of probation and a $500 fine. While the penalties may not be as severe as those handed down for more serious criminal offenses, the charge still leads to a permanent criminal record.
Every future employer or landlord may learn that the defendant has previously had legal issues related to alcohol, which could limit their opportunities. Thankfully, even those accused of misdemeanors have the right to defend against those allegations.
The right criminal defense strategy can result in a reduction of charges, the dismissal of those charges or an acquittal. Consulting with a criminal defense attorney can help people respond effectively to misdemeanor criminal allegations accordingly.
