Last Updated on September 19, 2024
Being drunk in public in California isn’t technically illegal and can sometimes be a bit enjoyable as long as it doesn’t involve driving, biking, or boating under the influence. Just walking in public after drinking a beer or two isn’t enough to get you charged with this crime, and neither is drinking a beer in public since there’s nothing wrong with having a bit of a buzz while you’re enjoying some of San Diego’s beautiful beaches, fine breweries, or great nightclubs. Still, when your intoxication involves causing a public disturbance, it becomes public intoxication (California penal code section 647(f) (PC)), a misdemeanor offense that could leave you in jail.
What is a 647(f) (PC) Charge?
Also known as drunk and disorderly, public intoxication charges are one of the many types of disturbing the peace charges. These charges are usually only applied to those who are both drunk in public and acting unruly through some type of public disturbance. While commonly referred to as being “drunk in public,” the actual criminal charge, filed under 647(f) (PC), is defined as “public intoxication,” which also refers to the use of drugs. If you are intoxicated by drugs, alcohol, or any combination of the two, you could face criminal charges.
A person could be accused of public intoxication if in their intoxicated state they indulge in behaviors that indicate they are unable to exercise care for their own safety or the safety of others. Behaviors likely to result in someone being charged with public intoxication could include:
- cause harm to themselves
- injure other persons
- result in property damage
- interfere with other people trying to use the street or sidewalk
Under this law, “public spaces” can still be considered private property, such as a bar, restaurant, or shopping center. The only areas not covered by this law are areas not open to strangers, such as homes or private social clubs.
How Serious is a Public Intoxication Charge in California?
Public intoxication is a misdemeanor offense, and sentencing may include a $1000 fine and up to six months in county jail, though probation may be given in place of jail time. While simply being drunk in public in California and stopping someone from being able to cross the street may seem like a minor crime, it can still leave you in jail, which is why you should never attempt to fight these charges without the help of a public intoxication attorney.
The good news is that these charges are rarely prosecuted in San Diego unless the individual in question is a repeat offender.
Why You Should Call a Public Intoxication Lawyer
Like many crimes, drunk in public charges largely depend on the discretion of the arresting officer. In many cases, the defendant was simply drunk and yelling loudly in the street, which is not enough to result in a conviction for this charge. If you have been accused of public intoxication, it’s important to talk to your criminal defense lawyer as soon as possible to discuss your best course of action in fighting the charges.
There are many defenses to this crime. First, if you were unwillingly intoxicated, you are not guilty. So, for example, if someone tricked you into drinking an alcoholic punch and you didn’t realize it had rum in it, or if you accidentally consumed marijuana edibles thinking they were regular snacks, you did not break the law. Similarly, if you were on private property not open to the public, you are not guilty. If your attorney can prove either of these facts were true, this should enable them to have the public intoxication charges against you dropped.
In most cases though, the defendant was willfully under the influence of alcohol or a controlled substance and was arrested in a public place. But your lawyer may still be able to dispute that you were causing a disturbance, as what is considered bothersome is a matter of debate.
Even if the behavior was undoubtedly problematic though, your attorney may still be able to negotiate a plea bargain to minimize your sentencing, possibly enrolling you in a diversion program so the offense will not appear on your criminal record in the future.
If you have been charged with being drunk in public, Peter Liss can help. Please call (760) 643-4050 to schedule a free consultation to discuss your case.
