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.
Florida Statute
§ 856.011
Disorderly intoxication
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)
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 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.
- Element 1OR — 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.
- Element 2OR — 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
Jury Instructions
Instruction 30.1
Disorderly Intoxication
Use the applicable danger or public-disturbance track for F.S. § 856.011.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
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.