It happens that arrests are made for being drunk in public. The main causes of such arrests are citizen complaints, fights in the streets, attacks on the citizens or other public disturbances which paralyze civil order. According to California Penal Code 647f PC, there is an offense of being drunk in public or public intoxication. The Section provides definition and description of the unlawful act.
Thus, a person cannot be convicted only of being drunk in public (DIP). The prosecution must prove the following elements of the crime in order to find the defendant guilty:
a) He or she was drunk willfully
b) He or she was in a public place
c) He or she did not be able to exercise care for both your and others safety
d) Because of being drunk he or she interfered with or obstructed or prevented the free use of any street, sidewalk, or other public way.
Moreover, in order to be charged with public intoxication, a person can be under the influence not only the alcohol but also any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene.
Under California Law, public intoxication is a misdemeanor offense. Any person convicted of committing of a DIP can face the following penalties:
a) Up to 6 months in jail
b) And/or fine up to $ 1,000.
However, it is also possible to get just informal probation. It should be taken into consideration that the penalties will be enhanced for each subsequent offence. Fortunately, we can help you to close your case and get out of this trouble.
You should know that just the fact of having a glass of alcohol and walk in the street after it is not enough to convict a person. The level of tolerance of spirituals is different as well as a drunken person can be able to care for himself or herself and for others. In addition, if someone forced a person to drink and afterwards placed in a public place, it cannot be enough to convict a person under California Penal Code 647f PC.
If you have faced accusations of being drunk in public, it is essential to contact an experienced California defense attorney. We will handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are ready to provide answers to your initial questions concerning drug charges in California for free. Do not hesitate to contact us!
You may file your request online, by telephone or by mail. 818-553-1000
California Penal Code 647(F) PC
647(F). Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(f)Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.