Drunk in Public Laws – California Penal Code 647(f)
Drunk in public is described under California Penal Code Section 647(f) – and is commonly known as “public intoxication.” It should be noted that simply being drunk in public is not normally considered a PC 647(f) crime. Rather, most drunk-in-public cases involve a situation where someone is observed as extremely intoxicated and unable to take care of themselves.
It's important to understand that the police have the discretion to detain individuals for their own safety in what is commonly referred to as a “drunk tank.” This form of detention, known as civil protective custody, can last for up to 72 hours, during which prosecutors will not file charges against you.
It's crucial to note that the option of civil protective custody is only available if the police believe you are intoxicated. If they suspect drug intoxication, you could be facing criminal charges.
It should also be noted that not all local cities within Los Angeles County will place you under civil protective custody due to the fact they don't have a drunk tank facility – which means you could face drunk in public criminal charges.
A common example of behavior that might result in PC 647(f) being drunk on public charges could include a situation where a highly intoxicated person is lying passed out on the sidewalk, forcing others to walk around them. It's not uncommon for anyone arrested for public intoxication also to be charged with disorderly conduct, resisting arrest, assault on police, or under the influence of a controlled substance.
It's important to realize that a conviction under penal Code 647(f) for public intoxication is a misdemeanor that can result in jail time, a fine, and a criminal record. Such a record could significantly impact your ability to secure employment.
Therefore, it's clearly in your best interest to fight drunk on public charges. It may be possible to have your drunk-in-public charge expunged if you have successfully completed the terms of your probation.
If you have been charged with public intoxication, it's crucial to consult with a criminal defense lawyer. Don't settle for a public defender who may seek a quick plea bargain – which would result in a conviction on your record. Our team will closely review the details of your case and explain what a prosecutor must prove, empowering you with the knowledge and support you need.
Our goal with this article is to provide you with a comprehensive overview of drunk-in-public laws, equipping you with the knowledge you need to navigate this legal issue.
Definition of Drunk in Public – Penal Code 647(f)
California Penal Code 647(f) makes it a crime to be under the influence in a public place if you are unable to care for your safety or if you obstruct or prevent the use of a public sidewalk or street. It's defined as:
- Anyone who commits the following acts is guilty of disorderly conduct; found in any public place under the influence of intoxicating liquor, drugs, controlled substance, or any combination, leaving them in a condition where they are unable to exercise care for their safety or the safety of others, or interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
To be convicted of drunk in public, the prosecutor has to prove – beyond a reasonable doubt – all the elements of the crime under CALCRIM 2966 that you were:
- Willfully under the influence of alcohol, drugs, or a controlled substance
- In a public place while being under the influence
- Unable to exercise care for your own or the safety of others
- Interfering or obstructing free use of any street, sidewalk
The term “willfully” means it was deliberate. A controlled substance includes any drug regulated by the government, such as cocaine, methamphetamine, marijuana, or prescription drugs.
A public place is any location accessible to the public, such as a sidewalk, street, restaurant, shopping mall, park, or even a homeless encampment.
Unable to exercise care for your safety means your condition was so extreme that you could not take care of yourself – meaning police determined you were a risk to public safety. Interfering or obstructing access means your intoxicated condition prevented access to a public way, such as passing out on a sidewalk or at the bus stop.
Penalties for Penal Code 647(f) Public Intoxication
If convicted of Penal Code 647(f), drunk in public, it's a misdemeanor offense, and you will be facing the following penalties:
- Up to 6 months in a county jail
- A fine of up to $1,000
- Misdemeanor summary probation
It should be noted that if you have been convicted of drunk in public 3 times within one year, you will be facing a minimum sentence of 90 days in county jail – but the judge has the discretion to suspend this requirement if you attend a 60-day alcohol treatment and recovery program.
Fighting Penal Code 647(f) Drunk in Public Charges
While it's true the actual legal penalties for a drunk in public are not generally severe, the larger concern is a conviction on your record. Our Los Angeles criminal defense lawyers could use a wide range of defenses against your drunk in public charges in violation of Penal Code 647(f). These include:
Arrest was unlawful
A drunk-in-public offense must occur in a public place. If you were in a home, apartment, hotel room, etc. – you can't be guilty of public intoxication.
Insufficient evidence
Recall the elements of the crime above. The prosecutor must be able to prove you were willfully intoxicated to the point that you couldn't take care of yourself or others around you. We might be able to argue that they don't have sufficient evidence for a conviction.
In Los Angeles County, there is a lot of public pressure placed on police to keep the streets clear of the homeless or people loitering. This often leads overzealous police to arrest people who are not only slightly intoxicated just to get them off the streets.
Alternative Sentencing
Under Penal Code 647(f), being drunk in public is a relatively minor offense. Enrolling in a diversion program, such as performing community service or attending Alcoholics Anonymous classes, is often possible to complete an alternative sentence, and the charges will be dismissed.
If you were arrested for PC 647(f) drunk in public – the most important consideration is to keep a criminal conviction off your record.
Contact our experienced Los Angeles criminal defense lawyers to review the details of your case and legal options. A public intoxication conviction on your criminal record could impact your future opportunities. Cron, Israels & Stark is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Call (424) 372-3112 for a free consultation.
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