Arrested on Spring Break in Florida

While spring break for most may be coming to an end, the arrests that came with it will not. If you're visiting South Florida from out of state, the last thing you'll want to do is bring home an assault or DUI charge. It's important to remember that the rule of law varies from state to state and you must consult with a criminal defense lawyer in the same state you were arrested in. Here are a few common arrests spring breakers may face in South Florida.

Marijuana Possession

Yes! Marijuana is still illegal in the state of Florida. While marijuana laws in Florida have become more lax over the years, you can still be arrested for possession of marijuana in South Florida. Earlier this year, Broward County prosecutors made an important policy update relating to those who are caught with small amounts of marijuana. It is up to law enforcement's discretion whether or not to make an arrest for cannabis. A South Florida drug possession defense lawyer can devise a solid defensive strategy based on the facts of your case to help you stay out of jail.


One of the most serious spring break offenses is driving under the influence. When you drive under the influence of drugs or alcohol, you're not only putting your life at risk but those around you as well. The severity of a DUI arrest in Palm Beach County will depend on how impaired you were.

In the state of Florida, you may be found guilty of DUI if you are found in actual physical control of a vehicle with a blood-alcohol concentration of 0.08 or higher. Even your first DUI offense in Florida is still punishable by up to 6 months in jail and a $1,000+ fine.

If you've been arrested in Palm Beach County for a first offense DUI, you may be eligible for the Palm Beach County 1st Time DUI Offender Program.

Underage Drinking

Did you know that a minor who is caught just in possession of alcohol can face up to 60 days in jail and a $500 fine? Additionally, underage drinking in Florida can result in a driver's license suspension of up to a year. 

Disorderly Intoxication

One of the most common spring break arrests in Florida is for disorderly intoxication. According to 2020 Florida Statutes:

  • 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.
  • 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.
  • 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.

What Should I Do if I Was Arrested in Florida on Spring Break?

A spring break arrest can negatively affect your future. If you were arrested on spring break in South Florida, The Law Offices of Matthew Konecky will fight for you to ensure your constitutional rights are being protected. Contact us or call us immediately at (561) 671-5995 to speak to an experienced criminal defense lawyer. You can also download my free guide 'My Loved One Has Been Arrested: What’s Next?'.

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