In California, drunkenness in public – or public intoxication – is against the law. If a state prosecutor can secure a conviction against the accused individual, they may face high monetary fines and even jail time in some circumstances.
According to Section 647(f) of the California Penal Code, it is against the law for an individual to be:
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 they are unable to exercise care for their own safety or the safety of others, or because of 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.
For the prosecutor to successfully demonstrate that an individual is guilty of violating this Penal Code section, the prosecutor must satisfy several legal elements. Additionally, they must satisfy their legal burden of proof beyond a reasonable doubt.
This is an extremely high standard for the prosecutor to establish. If they fail to satisfy even one legal element of the underlying offense, they cannot secure a conviction against the accused.
To demonstrate that an individual violated Section 647 of the Penal Code, the prosecutor must prove:
The accused individual was willfully under the influence of drugs and/or alcohol
While the individual was under the influence, they were present at a public location
The accused individual was either unable to care for their own safety or the safety of someone else – or they obstructed a public sidewalk, street, or other area because they were under the influence of alcohol and/or drugs
If you face a criminal charge for public intoxication, our legal team can meet with you to discuss the circumstances of your arrest and your criminal charge. We can then formulate a defense strategy for your case. For example, we can raise one or more legal defenses in response to the charge or pursue plea deal negotiations with the prosecuting attorney handling your case.