Public Intoxication – Penal Code Section 647(f)
Over the last twenty-five years, I've seen a lot of people charged with the crime of being drunk in public or, basically, not being able to care for themselves in public. It's also called public intoxication. It's one of those scenarios where somebody just gets so drunk that they cannot care for themselves anymore.
They're passed out on the sidewalk; they get so drunk at some sporting event or other event that they're just out of control – falling on the ground – and a danger to themselves or others. So, if you're charged with public intoxication or being drunk in public, you want to get an attorney to help you out.
It doesn't look good on your record when somebody sees that – a potential employer or somebody looking to hire you to help them or anybody.
Let's say that you want to apply to a school to do sports or something like that; you don't want some drunk in public or public intoxication – especially not in Los Angeles County, on your record. So obviously, we're going to try to either dismiss this thing or mitigate it down to some infraction. We want to get it off your record so it doesn't haunt you.
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Public Intoxication or Drunk in Public – What is the Law?
What they are going to have to show is that you were so drunk that you are a danger to yourself, you're a danger to the public, or you're just simply out of control in the community because of your level of intoxication.
Therefore, they will have to arrest and charge you with this crime. Somebody who has just been drinking out, having a good time at a bar or a club, and who's buzzed and feeling good – that's not a drunk in public. To be intoxicated in public, you're going to have to be passed out, incoherent – just simply out of control.
I see a lot of cases where the police come up on the scene of some crime – somebody called 911 – and some drunk is giving them trouble, won't listen to them, is just simply out of control – a lot of times, that person is going to be arrested and be charged with being drunk in public or public intoxication.
They're going to be put in a cell. They'll make him sleep it off for several hours, and then they'll probably let him go with a citation.
Another thing I see where this comes up a lot is when the police are trying to break up a fight; they come to a bar because there's a big mess out there, and they have a bunch of drunk people interfering with them – obstructing them while they're trying to do their job. Those people are going to be charged with drinking in public.
I've also seen cases where people are having a party – loud, crazy – the police come, tell them all right, that's it, the parties over, everybody get out. Anybody who causes them any trouble – acts crazy, yells at them, curses at them – basically, will not cooperate with them – they're probably going to get arrested for being drunk in public or public intoxication.
Penalties for Being Drunk in Public
The penalties are they could put you in jail for some time. They can help you do community service and Caltrans and pay a fine. Several different penalties are available to the judge and the prosecutor, but many times, if you don't have a criminal record.
They realize this is just a one-time occurrence – this is not going to happen again, it was an aberration – you just drank too much and lost control of yourself – a lot of times, we're able to work things out for you so that you can avoid any jail time, set things up hopefully to get you an infraction, which is not a crime, and basically to protect your record so you don't have this stain on your record for the rest of your life.
Our goal is to get you out of the criminal justice system as quickly as possible to protect your record, preserve your freedom, and safeguard your reputation. A public intoxication charge can have serious implications for your future, particularly when it comes to employment opportunities. We understand that nobody wants a public intoxication charge on their record due to the negative stigma it carries.
Nobody wants to be viewed as a drunk and then try to go out and get a job or do other things where people are doing a life scan and checking your record. So, get to an attorney as fast as possible. Make the phone call. We can get you in, do a consultation, and figure out how we can best protect your interests.
