WHAT IS PUBLIC INTOXICATION?
Being visibly under the influence of alcohol or drugs while in public, in addition to being disruptive or posing a threat to yourself or others. Also known as Drunk and Disorderly.
In California, public intoxication is a misdemeanor offense with a fine of up to $1000 and potential jail time of up to six months. Depending on how many times the offense is repeated will vary the cost of the fine and length of time in jail.
WHAT IS PENAL CODE 647 F?
According to California legislature, the law stands:… “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 public way.”
WHAT COUNTS AS PUBLIC INTOXICATION?
To be considered publicly intoxicated, it must be to such an extent that the person in question prevents, obstructs or in any way interferes with the public use of a sidewalk, tree, street, or other public way or place.
You may be cited for public intoxication if you appear to display any symptoms of drunkenness or intoxication such as:
- Behaving in an odd way in public
- Exceptionally obnoxious and/or absurd behavior
- Appearing uncoordinated, stumbling or tipsy
WHAT ARE COMMON DEFENSES TO PUBLIC INTOXICATION?
You were not in a public place when cited:
If you are in your home or a hotel room, you do not qualify as “drunk in public.” Because it is not in a place that is open to the public you cannot be cited as publicly intoxicated.
You Did Not Willfully Consume Alcohol/Drugs:
You must willfully ingest the alcohol to be considered for “drunk in public.” If someone slipped you a drug in your drink or you were drinking alcohol and didn’t know it, then you are not guilty of public intoxication.
Law enforcement violated person’s civil rights:
Police may have violated your rights if:
- you were stopped or arrested without a substantial reason or probable cause.
- law enforcement performed an illegal search on you
In these cases, any evidence police attain against you can be dismissed and suppressed. In addition, there may be insufficient evidence to show that you were in fact drunk.
You were not a danger to yourself or others around you if:
- Evidence or witnesses may be used to show that you were not bothering anyone or anything.
- Witnesses may testify you did not pose a threat or danger to those around you at the time.
LOCAL STORIES ABOUT PUBLIC INTOXICATION
Photo credit: Inside Edition
It’s all fun and games till someone has a little too much wine. As was the case with Louisiana woman, Celina Dally. Dally had a little too much to drink at a University wine tasting and became intoxicated. She passed out while a friend was driving her home and the details thereafter remain unclear. Her friend called the paramedics to assist her with Dally.
Dally caused a scene while extremely intoxicated and attempted to bite police officer Guillory. She later woke up in jail and is facing charges of public intoxication and assault of a police officer. She felt remorseful about the incident and baked the officer an apology cake frosted with the message “sorry I tried to bite you.”
If you have been accused of public intoxication, contact us for a free consultation.