Public intoxication is a rebellious conduct crime. Being drunk in public might not sound too severe, but if you are found guilty of this crime, you are likely to suffer serious penalties, which can include probation, alcohol counseling programs, fines, or even jail time. Besides, public intoxication conviction might go into your criminal record thus reflecting poorly when searching for a job, trying to enroll for a higher degree or applying for professional licenses. As such, being convicted of being drunk in public could have lasting and devastating effects on your personal as well as professional life. In case you are faced with these charges, it is imperative that you engage an experienced criminal defense attorney who will help you understand your options and rights.
Under California Penal Code Section 647 a person is culpable of public intoxication if she or he is found in a place considered public while under the influence of any drug, intoxicating liquor, toluene, controlled substance or a combination of whichever drug, controlled substance, intoxicating liquor or toluene. If one is intoxicated and is in a state that they cannot exercise care of their own security or the security of other people. Also, if one because of their being under the influence of any drug, intoxicating liquor, toluene, controlled substance, or any mixture of these, interferes with or prevents them from freely using any sidewalk, street, or other public ways, will be charged with being intoxicated in public.
To confirm that you were drunk in public, the prosecutor has to verify to the court that you were rebelliously under alcohol or drug influence; that you went to the public while intoxicated; and that you were incapable of caring for your own security or you were a bother to the public because of the intoxication. People convicted of being intoxicated in public may face penalties including fines of up to 1,000 dollars, informal probation and up to 6 months imprisonment in county prison.
Some of the defenses that your lawyer can use to prove your innocence of the charges include arguing that you were not exposed to the public while drunk. For instance, if the officers arrested you on a personal or private property like your home, you will not be convicted of public intoxication. The prosecution has to prove that you were indeed intoxicated and you posed a danger to your own security or that of others. Nobody can arrest you just because you are slightly tipsy.
If you or someone you love has been charged with being intoxicated in public or other disorderly behavior, make sure you contact experienced criminal defense attorney, Robert E. Levy with immediate effect. He will analyze the conditions of your case and establish whether the officers violated any of your constitutional and legal rights during the arrest. If an arrest were conducted in an unlawful manner, this could affect the case in your favor. Robert E. Levy has successfully represented several clients faced with similar charges. He has the experience and skill required to get your charges reduced or even completely dismissed.
The information on this website is for general informational purposes only. Nothing on this site should be taken as
legal advice for any individual case or situation. This information is not intended to create and receipt or viewing
does not constitute an attorney client relationship.