Driving under the influence (DUI) is one of the most well-known alcohol-related offenses, but Florida law also penalizes various other alcohol-related crimes. These offenses can carry severe consequences, including fines, jail time, and lasting impacts on your record. Understanding these laws can help individuals make informed decisions and avoid legal trouble. If you or a loved one are facing alcohol-related charges, The Sombathy Law Firm is here to protect your rights and guide you through the legal process.
Public Intoxication (Disorderly Intoxication)
Under Florida Statute §856.011, disorderly intoxication occurs when an individual is intoxicated in a public place and engages in behavior that disturbs the peace or endangers others. Examples include:
- Causing a public disturbance while intoxicated
- Engaging in fights or aggressive behavior due to alcohol consumption
- Endangering oneself or others while intoxicated
This offense is classified as a second-degree misdemeanor, punishable by:
- Up to 60 days in jail
- A fine of up to $500
- Potential probation or community service
Open Container Violations
Florida law prohibits possessing or consuming alcohol in an open container in certain public places, including vehicles. According to Florida Statute §316.1936, open container laws apply to both drivers and passengers. Violations can result in:
- A noncriminal traffic infraction for passengers, typically leading to a fine
- A moving violation for drivers, which can add points to a driver’s license and increase insurance rates
Underage Drinking and Possession of Alcohol
In Florida, individuals under 21 years of age are prohibited from possessing or consuming alcohol. Florida Statute §562.11 makes it illegal for minors to have alcohol in their possession, and violations may result in:
- A second-degree misdemeanor charge
- Fines of up to $1,000
- Up to one year in jail
- Suspension of driver’s license for six months to one year
Additionally, providing alcohol to a minor is a serious offense. Florida Statute §562.11 states that anyone who sells, gives, or provides alcohol to an individual under 21 may face a second-degree misdemeanor charge, with penalties including fines and potential jail time.
Boating Under the Influence (BUI)
Boating under the influence is similar to DUI but applies to individuals operating a vessel while impaired by alcohol or drugs. Florida Statute §327.35 states that a person is guilty of BUI if they:
- Have a blood alcohol content (BAC) of 0.08% or higher
- Show signs of impairment due to alcohol or drugs while operating a vessel
Penalties for a first-time BUI offense include:
- Fines between $500 and $1,000
- Up to six months in jail
- Possible impoundment of the vessel
- Mandatory completion of a boating safety course
Repeat offenses or accidents involving injuries can lead to harsher penalties, including felony charges.
Selling Alcohol Without a License
In Florida, selling alcohol without a proper license is a serious offense. Florida Statute §562.12 makes it illegal to:
- Sell alcohol without a license from the Florida Division of Alcoholic Beverages and Tobacco
- Offer alcohol for sale at unauthorized locations
Violating this statute can result in:
- Misdemeanor or felony charges, depending on the circumstances
- Hefty fines
- Potential jail time
Drunk and Disorderly Conduct
Florida law also prohibits intoxicated individuals from engaging in disruptive or violent behavior. If someone is intoxicated and causes a public disturbance, they could face disorderly conduct charges under Florida Statute §877.03. Penalties may include:
- A second-degree misdemeanor charge
- Fines of up to $500
- Up to 60 days in jail
Defending Against Alcohol-Related Charges
If you are charged with an alcohol-related offense in Florida, there are potential defenses available depending on the circumstances. Common defense strategies include:
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that you committed the alleged offense.
- Unlawful Search and Seizure: If law enforcement conducts an illegal search, evidence obtained may be inadmissible in court.
- Violation of Constitutional Rights: If you were not properly informed of your rights, your case may be subject to dismissal.
Contact the Sombathy Law Firm for Legal Assistance
Alcohol-related charges can have significant legal consequences, but a skilled attorney can help protect your rights and minimize penalties. The Sombathy Law Firm has experience handling various alcohol-related cases and is dedicated to achieving the best possible outcome for our clients. If you or a loved one are facing alcohol-related charges in Panama City Beach, Florida, contact us today for a confidential consultation.
