The Difference Between Disorderly Conduct and Disorderly Intoxication in Florida Law

If somebody causes a public disturbance and gets arrested by the police, chances are that they will likely be charged with either disorderly conduct or disorderly intoxication. 

Though they sound alike, knowing the difference significantly impacts how your case can be handled by your criminal defense attorney in Clearwater, and what penalties you could potentially be facing.

Disorderly Conduct

Disorderly conduct is defined as behavior that corrupts public morals, outrages public decency, or disturbs the peace and quiet of those nearby. Simply put, it covers disruptive behavior that interferes with public order. Disorderly conduct is a second-degree misdemeanor, and it is punishable by up to 60 days in jail, six months of probation, and a $500 fine. 

Common examples of conduct that sometimes results in an arrest for disorderly conduct include getting into a fight in public, interrupting an event, or using obscene language or gestures in a provoking manner. 

Disorderly Intoxication

Disorderly intoxication involves being intoxicated in public in a way that endangers others or creates a disturbance. Simply being drunk in public is not enough to be arrested. It must be proven by the prosecution that your level of intoxication directly caused a safety risk or significant disruption to the general public.

A typical case of disorderly intoxication might involve someone who becomes aggressive toward others while drinking, damages property, or behaves in a way that puts themselves or others in danger. Like disorderly conduct, disorderly intoxication is a second-degree misdemeanor and can potentially lead to 60 days in jail, six months of probation, and fines of up to $500.

Key Differences Between the Two Charges

While both charges carry the same potential penalties and must concern events that took place in public, the elements that prosecutors must prove differ. In a disorderly conduct case, prosecutors must show that the defendant’s actions offended public morals or disturbed the peace. Conversely, in a disorderly intoxication case, they must also prove the person was impaired and that their intoxicated condition created a risk to safety or property. 

Common Legal Defenses for Disorderly Conduct and Disorderly Intoxication Charges

Defenses often center on a lack of evidence. Prosecutors must prove that a genuine disturbance or danger occurred, not just that someone was loud or intoxicated in a public space. 

For example, your criminal defense lawyer in Clearwater with the Law Office of Timothy Sullivan can argue that your speech, even if it was offensive, may still be protected under the First Amendment. Other defenses may involve challenging whether the person was truly intoxicated or whether police overreacted to the situation. 

How You Can Protect Your Rights After Getting Arrested

Although both offenses are misdemeanors, the impact of a conviction can last far longer than the sentence itself. If you have been charged with either offense, contact the top Clearwater criminal defense attorney with the Law Office of Timothy Sullivan to best understand your charge while helping build the strongest defense strategy possible.

To schedule a complimentary case consultation with a leading criminal defense lawyer in Clearwater, call The Law Office of Timothy Sullivan at (727) 291-9717.