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Florida Criminal Offense

Disorderly Intoxication

Being intoxicated and endangering another person or property, or being intoxicated or drinking alcohol in a public place or public conveyance and causing a public disturbance.

MisdemeanorSecond Degree

Florida Statute

§ 856.011

Disorderly intoxication

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Intoxication alone is not enough. The statute requires either danger to a person or property, or public-place/public-conveyance conduct that causes a public disturbance.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Disorderly Intoxication

F.S. § 856.011(1)-(2)

MisdemeanorSecond Degree

Intoxication that endangers another person or property, or intoxication/public drinking in a public place or conveyance that causes a public disturbance.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    OR — Alternative

    Danger track

    The defendant was intoxicated and endangered the safety of another person or property.

    Plain language: The intoxicated person created danger to someone or property.

  2. Element 2
    OR — Alternative

    Public-disturbance track

    The defendant was intoxicated or drank an alcoholic beverage in a public place or public conveyance and caused a public disturbance.

    Plain language: The public-place or public-conveyance conduct caused a public disturbance.

Jury Instructions

Instruction 30.1

Disorderly Intoxication

Use the applicable danger or public-disturbance track for F.S. § 856.011.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Additional Notes

Quick Reference

Intoxication by itself does not establish this offense. Document either endangerment of a person or property, or public-place/public-conveyance conduct causing a public disturbance.

Disposition Option

In lieu of incarceration for a violation, a peace officer may take or send the intoxicated person home or to a public or private health facility, subject to the statutory terms.