Most people have heard the phrase "drunk in public" before, but they may not be fully aware of its meaning. Having a beer while out at a restaurant may seem innocent enough, and it usually is; however, depending on the circumstances, a person may be arrested for being drunk in public.
Under California Penal Code Section 647(f), it is against the law for a person to be in a public place while under the influence of alcohol and/or drugs and show signs of the following:
- Being unable to demonstrate care for personal safety as well as the safety of others; and/or
- Interfering with, obstructing or preventing the free use of any street, sidewalk or other area (public way).
A law enforcement officer may place a person who appears to be carrying out the above acts and behavior in civil protective custody. Under Section 5170 of the Welfare and Institutions Code, an individual may be taken to a facility for a 72-hour treatment and evaluation of inebriates (substances such as alcohol and/or drugs that cause intoxication).
A California drunk in public charge is a type of disorderly conduct offense, which can be prosecuted as a misdemeanor. If a person is convicted of this offense, he or she may face probation, steep fines, and even jail time. While these consequences are intimidating, there is no reason a person should not try to build a strong defense against the charges being held against them.
Daniel Kann has been defending the rights of those charged with a wide range of criminal offenses for many years. As a Los Angeles misdemeanor defense lawyer, Mr. Kann is prepared to inform you of your legal rights and options for defense. To learn more about how Mr. Kann can help you get your charges reduced or dismissed altogether, call 310-954-9356.
