Alcohol Withdrawal and Involuntary Treatment in Florida: Clear Guidance for Families

Alcohol Withdrawal Involuntary Treatment Florida: What Families Need to Know

If someone you love is shaking, confused, or having seizures after stopping alcohol, call 911 now. Alcohol withdrawal can be a medical emergency. Florida’s court process for involuntary alcohol treatment is a separate legal step.

This page explains both. It covers warning signs, when to get emergency help, who can file a petition, and how the court process works under Florida’s current statutes. Robinson & Casey focuses its practice on Marchman Act petitions and guardianship matters for families in South Florida and across the state.

Why Alcohol Withdrawal Raises Two Different Questions

Alcohol withdrawal is a medical problem first. A court process is a legal question second.

When a heavy drinker stops suddenly, the body can react hard. Families often face two questions at once. “Is this an emergency?” and “Can we make them get treatment?” These questions have different answers, and they are handled in different places.

A hospital or emergency room answers the first question. A court answers the second, through a petition under Chapter 397 of the Florida Statutes.

Confusion causes delay. Many families spend hours deciding whether to wait, call a lawyer, or go to court. Meanwhile, the person may be getting worse. A Marchman Act petition is not a substitute for emergency care. Court papers do not stop a seizure or treat dangerous withdrawal.

Picture this. A spouse has been drinking heavily for months. After the last drink, they became shaky and quiet, and now they are not making sense. You want to know what to do today. Start with safety. The legal options come after.

Warning Signs That Alcohol Withdrawal Is a Medical Emergency

Seizures, severe confusion, hallucinations, high fever, and a racing heartbeat are signs that withdrawal may be dangerous.

Some withdrawal symptoms are uncomfortable but not an emergency by themselves. Others point to serious danger. Watch for these signs:

• Seizures
• Confusion or not knowing where they are
• Hallucinations, meaning seeing or hearing things that are not there
• High fever
• A very fast or pounding heartbeat
• Heavy sweating
• Severe tremors or shaking
• Agitation that does not settle

Delirium tremens is the most severe form of alcohol withdrawal. It can bring confusion, hallucinations, and dangerous changes in the body. It can begin after heavy drinking stops, and it can become life-threatening.

Families cannot reliably judge severity from symptoms at home. A person who seems only “a little shaky” may be in more danger than they look. Any one of these signs is reason for prompt medical evaluation. Don’t wait to see whether it passes.

When to Call 911 or Go to an Emergency Room

Call 911 if the person has a seizure, cannot be woken, is confused about where they are, or has chest pain, trouble breathing, or fainted.

These triggers are clear. If you are unsure, call. Emergency staff can check the person’s vital signs and decide the next medical step. That step may include medically supervised detoxification or admission to a hospital or licensed facility.

Medical staff, not a family member or a lawyer, decide the immediate medical care a person receives in an emergency.

Florida law also allows emergency admission on a professional’s certificate. A person who meets the criteria may be admitted to a hospital or licensed detox facility for emergency assessment and stabilization. The facility must receive a certificate from a listed professional, such as a physician, psychologist, clinical social worker, or mental health counselor, along with an application for emergency admission. A certificate from a master’s-level certified addictions professional must be specific to substance abuse impairment, Fla. Stat. § 397.679. Under Fla. Stat. § 397.6791, any professional who may issue a professional certificate, an adult’s spouse, legal guardian, relative, or another responsible adult with personal knowledge of the impairment may ask for that certificate.

While you wait for help, keep the person away from falls. Do not give more alcohol or sedatives. Write down when symptoms started and what the person drank.

Can an Alcoholic Be Involuntarily Committed in Florida?

Yes. Florida law lets a court order involuntary assessment, stabilization, and treatment for substance abuse, including alcohol. The process runs under the Marchman Act in Chapter 397.

Information about the Marchman Act is published by the Florida Department of Children and Families.

The process is civil and court-based. It requires a petition and a hearing. The law looks at impairment, loss of self-control, and whether the person can recognize the need for help.

Under Fla. Stat. § 397.675, as amended in 2024, refusing services alone does not prove a lack of judgment. A court needs more than a refusal.

What Are the Requirements for Involuntary Commitment in Florida?

A court needs a petition, specific facts, and a hearing before it can order involuntary treatment.

Florida law provides that a person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder. The impairment must have caused a loss of power of self-control. The person must also meet one of two tests. Either the person needs services and, because of impairment, cannot appreciate that need, or the person is likely to neglect themselves in a way that poses a real and present threat of substantial harm, and that harm cannot apparently be avoided through willing, able, and responsible family members or friends or other services. Physical harm to self or others also counts.

For an adult, Fla. Stat. § 397.68112 says a petition may be filed by the adult’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.

Under Fla. Stat. § 397.68112, a petition for involuntary treatment services may be filed by the adult respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the impairment and of the respondent’s prior course of assessment and treatment. It must state their relationship and the respondent’s attorney, if known. It must also set out the facts showing the need for services, Fla. Stat. § 397.68141. If the person was not assessed or refused an assessment, the petition must say so.

A respondent who wants a lawyer but cannot afford one has the right to court-appointed counsel, Fla. Stat. § 397.681. The clerk may not charge a fee for filing the petition under that section.

Whether these requirements are met depends on the facts of each family’s situation.

How the Marchman Act Process Works, From Petition to Hearing

A petition is filed with the clerk in the county where the person is located. The court then sets a hearing within 10 court working days, unless it grants a continuance.

Location matters. In J.P. v. J.N., the Fifth District Court of Appeal held that a petition filed in the wrong county did not take away the circuit court’s jurisdiction. The problem was venue, which is the proper place to file. In Miami-Dade, the Miami-Dade Clerk of Court directs adult cases to the Probate Court and minors’ cases to Juvenile Court.

Under Fla. Stat. § 397.68151, the court must first decide whether the respondent has a lawyer or needs one appointed. Copies of the petition and notice of the hearing must be provided to the respondent, the respondent’s parent, guardian, or legal custodian (if a minor), the respondent’s attorney, if known, the petitioner, the respondent’s spouse or guardian, if applicable, and others the court directs, Fla. Stat. § 397.68151.

Hearing procedures under the Marchman Act are set by statute, and how they apply to a particular case should be discussed with counsel.

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary services for up to 90 days, Fla. Stat. § 397.697.

In emergencies, the court may act without an attorney on an ex parte order, which is an order entered without the other side present. A service provider may hold the person for no more than 72 hours of observation, unless a listed exception applies, Fla. Stat. § 397.6818.

The Fifth District has held that the petitioner must present the case. A judge may not call the only witness to fill that gap when the petitioner is absent, J.C. v. State. That is Fifth District law, not statewide law. The Fourth District reached a different result in J.J.J. v. D.G., and that conflict has been certified.

Is There a 5150 in Florida? Marchman Act vs. Baker Act

Florida does not use the term 5150. Its mental-health involuntary examination law is the Baker Act.

The Baker Act deals with mental illness. The Marchman Act deals with substance abuse.

A person may have both a mental illness and a substance use problem. In that case, questions may arise under both laws. Which path applies depends on the facts.

Guardianship is a different legal option. It is for a person who cannot make their own decisions. It is not the same as a Marchman Act petition, and it follows its own court process.

Which States Have Involuntary Commitment Laws for Addiction Treatment?

Many states have civil ways to order substance use treatment. Each state sets its own rules, standards, and terms.

This page covers Florida law only. If your loved one lives outside Florida, the rules there may be different from the ones described here.

Florida’s Marchman Act is a civil, court-based process. The steps described above apply to Florida cases.

Talk With Robinson Casey About Your Family’s Situation

If you are trying to decide what to do for someone you love, a free, confidential first consultation can help you sort out your options.

You may be in the middle of this right now. You may not know whether you face a medical emergency, a court process, or both. You did not choose this situation, and it is hard to carry alone.

Robinson & Casey is a Florida law firm focused on Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide. Its practice includes involuntary commitment for addiction, emergency temporary guardianship, plenary and limited guardianship, and mental health guardianship.

The first consultation is free, confidential, and carries no obligation to continue. To talk through your family’s situation, call (561) 849-4149 or request a consultation at robinsoncasey.com/contact. If someone is in immediate danger, call 911 before you contact a lawyer.