California
“Drunk in Public” Laws: Penal Code 647(f)
California
“drunk in public” law, which punishes those found guilty of “public
intoxication” can be found at Penal Code 647(f) PC. Charges for public
intoxication (PC 647(f)) are filed as misdemeanors.
What
must be proven to convict for Public Intoxication (PC 647(f))?
To
prove that a defendant is guilty of public intoxication (PC 647(f)), the
prosecutor must show that the defendant was
1.
In
a public place willfully under the influence of intoxicating liquor, any drug,
controlled substance, toluene, or any combination of those substances, AND
2.
One
of the following:
a.
The
defendant is in a condition that makes him/her unable to exercise care for
his/her safety or the safety of others, OR
b.
By
reason of intoxication, defendant interferes with, obstructs, or prevents the
free use of any street, sidewalk, or other public way
“Willfully”
means the defendant willingly or purposely became intoxicated. To be found
guilty of public intoxication, defendant must have knowingly ingesting alcohol
or drugs. Discussed more in detail below under “Defenses” is the defense of
“involuntary intoxication” in which defendant did not knowingly or purposely
ingest alcohol or drugs.
Under
PC 647(f), a “public place” is a place that is open and
accessible to anyone who wishes to go there, not including a person’s home.
Examples of this include walking down a public street, sitting in a public
park, or sitting in a parked car on a public street.
A
person who is convicted of public intoxication under Penal Code 647(f) can
receive different punishments depending on if this is their first offense. Fines
of up to $1,000 may be imposed. Defendant may also receive probation, or up to
6 months in county jail. A defendant who has three or more convictions within
12 months may be sentenced to up to 90 days in county jail. However, if the
defendant promises to spend 60 days in an alcohol treatment program, probation
or a suspended sentence may be available.
Closely
Associated Crimes to Public Intoxication (PC 647(f))
Closely
associated crimes to public intoxication (PC 647(f)) include: PC 372 public
nuisance, and PC 415(1) disturbing the peace by fighting.
Involuntary
Intoxication
Under
PC 647(f), because the prosecutor must prove the defendant became voluntarily intoxicated, if the
defendant was involuntarily intoxicated
at the time he/she was in public, the defendant will have a valid defense.
Examples of involuntary intoxication include: defendant’s drink was spiked;
defendant was forced to drink an alcoholic or drugged beverage against his/her
will; defendant was accidentally served an alcoholic beverage when he/she was
under the impression it was a non-alcoholic beverage.
Not
in a Public Place
If
at the time of arrest defendant is not drunk in a public place, he/she cannot
be found guilty of public intoxication under PC 647(f). Further, if the police
find the defendant in a non-public space, and then take him/her to a public
place in order to arrest him/her, defendant cannot be found guilty for being
“drunk in public”.
Insufficient
Evidence of Intoxication
If
the police officers who encounter defendant do not properly administer tests
gauging defendant’s intoxication, or if the police officer’s method of
administrating the test and dealing with defendant are improper, evidence of
intoxication may be excluded.
To
learn more about the crime of public intoxication, of “drunk in public” laws
(PC 647(f)) in California, including defenses to public intoxication, contact a
California criminal defense attorney today.
CriminalDefense attorney Christopher Dorado represents defendants charged with public
intoxication (PC 647(f)) in the county of San Bernardino, including the cities
of Redlands, Victorville, Fontana, Rancho Cucamonga, Rialto, Colton, Ontario,
Yucaipa, and more. There is no charge for initial consultations and our office
offers 24/7 emergency service. 909.913.3138
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