The terms drunk in public or public intoxication are both rather misleading. These terms or charges don’t mean drinking or even getting drunk in a public location, but rather that you are intoxicated to the point that you are a threat to your own safety and the safety of others.
Police officers and prosecutors are often overzealous in arresting and charging people for public intoxication. Often they are only buzzed or possibly drunk in a public place. Receiving a conviction for being drunk in public can not only result in probation, fines, and jail time, but will also go on your permanent record, which can be seen by employers and other agencies.
With a good criminal defense attorney like Bradley R. Corbett, various defenses can be presented on your behalf, gaining you results that only a skilled San Diego criminal defense lawyer could provide. Bradley R. Corbett and our team will do everything we can to prove that you were not a danger to yourself or others. Our team may argue that the location wasn’t public, there isn’t sufficient evidence of intoxication, or there is a lack of probable cause.
If you are guilty of public intoxication, Bradley R. Corbett and our San Diego criminal defense team can negotiate an informal diversion program, in which you may agree to perform community service and participate in some AA meetings. If this agreement is reached and you successfully complete the program, your case is dismissed and no criminal record is generated.
Public Intoxication California Penal Code 647 (f)
California Penal Code 647 (f) is the law for drunk in public. Being drunk in public is not considered a crime in California. However, in order to violate California Penal Code 647 (f) to come the person must be drunk and 1) Be unable to exercise care for their own safety or others or 2) Obstruct or prevent others from using the public sidewalk or other public paths. There are three common defenses for California Penal Code 647 (f).
The three defenses to California Penal Code 647 (f) are 1) The person was not located in a public place 2) There is insufficient evidence that the person was drunk or 3) The police who charged the person with drunk in public violated the persons civil rights.
Being drunk in public is a considered a misdemeanor in California. If the person is convicted under this penal code they may face a maximum sentence of 6 months in country jail and/or a fine up to $1,000.
With the Bradley R. Corbett team on your side, public intoxication doesn’t have to be a permanent stain on your record. Call or visit our offices for a free case consultation.