Public Intoxication – CPC 647(f)
A person can be convicted of disorderly conduct by being drunk in public. Under California Penal Code 647(f), the definition of public intoxication is when a person is found in any public place under the influence of alcohol, drugs, or a controlled substance, and is in a condition where he or she is unable to exercise care for his or her own safety or the safety of others. Public intoxication can also be found when a person is in a public place while under the influence, and that person interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. The public intoxication law under California is heavily enforced. Public intoxication laws can significantly affect a person’s criminal record if convicted of the crime. If you are arrested for public intoxication, it is important to contact an experienced Orange County public intoxication lawyer to help you navigate the often complicated criminal justice process.
What the Prosecutor Must Prove
The prosecution in a public intoxication case must show that you:
- Were willfully under the influence of alcohol and/or drugs;
- Were in a public place or a place open to the public at the time you were under the influence; and
- Were so intoxicated that you were unable to care for yourself; or
- Because of your intoxication, you interfered with, obstructed, or prevented the free use of a sidewalk, street or other public way.
Possible Penalties for Public Intoxication
Public intoxication is a misdemeanor. A conviction for public intoxication can result in imprisonment in county jail for up to six months, probation and steep fines. A conviction could affect the status of the defendant’s present or future employment. If the defendant is under 21 years of age, the defendant can lose his or her driver’s license for one year.
In addition to losing your license for one year, the conviction on your record can be used against you in the future if you are charged with another alcohol offense, or any other offense that affects your license to drive. You may also face substantial increases in the cost of your vehicle insurance because of the conviction and you could be denied certain jobs or licenses. Your Orange County public intoxication defense lawyer can help you understand the full consequences of what happens in your case including what happens to your driving record.
Contact Orange County Public Intoxication Defense Lawyer
Although a California public intoxication charge may not be as serious as a DUI/DWI charge, it is still a criminal offense that carries repercussions as well as the threat of a criminal record. Daniel V. Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced Orange County criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at (800) 351-6860.