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In Florida, drinking in a public setting is regulated – and the possible penalties vary greatly depending on where you are.
For example, possessing an open container in a vehicle is a non-criminal traffic infraction (see Fl. St. 316.1936)
Possessing an open container in other public areas can be a municipal ordinance violation depending on where you are, be it in the city or county, and where in the city or county the ordinance, if applicable, applies. (see muni-code)
Disorderly intoxication is a crime in the entire State of Florida. (see Fl. St. 856.011) It could land you up to 60 days in the county jail. See below for the full text of the disorderly intoxication statute in Florida.
856.011 Disorderly intoxication.—
(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.
If your open container charge lead to an arrest or charges of some kind, you may need the help of an experienced criminal defense attorney. For any criminal defense needs contact Matt Landsman at Landsman Law for a free consultation.