Drunk in Public
WHAT IS DRUNK IN PUBLIC
In California, a person who is found in a public place under the influence most intoxicating substances can be prosecuted for a crime of Drunk in Public. Drunk in Public does not require alcohol intoxication. It can be prosecuted for being under the influence of almost any drugs or combination of drugs and alcohol. The penal code section used to prosecute public intoxication is found in California Penal Code section 647(f).
ELEMENTS OF THE OFFENSE FOR DRUNK IN PUBLIC
There are two ways the state can prosecute under California Penal Code section 647(f). First, being drunk in public requires that the you can not care for your safety or the safety of others. Second, you can be guilty of drunk in public when you block or stop someone from using streets or sidewalks. The law is not intended to use “drunk in public” to arrest a person who had to much to drink. Instead, the law is designed to prevent impaired persons from harming themselves, others, or blocking public ways. Thus, if you are arrested for drunk in public, you will be fighting something very easy to beat. In our experience, only the most outrageous drunk in public incidents can be prosecuted successfully. The prosecution can be easily convinced to dismiss most drunk in public cases when attorneys from our law office defend you in court. Los Angeles Criminal Defense attorney from our office are successful in getting numerous dismissals of drunk in public charges. We do it by convincing prosecutors that the criminal case is week or by showing that you do self help meetings such as alcoholic anonymous or narcotics anonymous.
CONSEQUENCES OF A CONVICTION FOR DRUNK IN PUBLIC
If you or your loved one is arrested for drunk in public charge, otherwise knows as public intoxication under California Penal Code section 647(f), please call (818) 921 7744 our office for a free consultation. Despite being a minor offense and merely a misdemeanor under California law, drunk in public can affect your life. For example, if you are not a US citizen, conviction for drunk in public can make you getting Green Card or Citizenship more difficult. If the immigration officer thinks you are a “habitual drunk”, they may not allow you to stay in the United States. Also, a conviction for “drunk in public” can affect your job. If you are holding a license, the board that issue these licenses can have a procedure to take licenses away for any conviction. A drunk in public conviction can be a first step to determine that you are too dangerous to be around clients or customers. For example, most medical boards, such as nursing board and physical therapy boards have regulation that views any alcohol related convictions as a threat to patients. They might start disciplinary proceedings based on any conviction.
DEFENSES FOR DRUNK IN PUBLIC
Los Angeles DUI lawyer can successfully defend drunk in public charge using different legal arguments. Being not in public is one very commonly available defense. Another defense is the how drunk you are may depend on how the police officer feels that day or his personal views and bias. Simply, deciding that someone is drunk can be very subjective and not easy to prosecute.
PUNISHMENT FOR DRUNK IN PUBLIC CONVICTIONS
This is considered a low level misdemeanor by the criminal courts and by the prosecution. From the point of a prosecution, the charge is fairly hard to prove and because it carries little if no danger to public, this offense, is a very low priority offense for jury trials. It is common to receive settlement offers that include a dismissal after a completion of some self-help classes such as AA. Legally, a PC 647(f) charge can carry up to 6 month in the county jail and up to $1,000 in fines. Also, drunk in pubic can result in longer jail time for multiple offenders especially if the defendants are resistant to long term rehabilitation. Fortunately, this is a rare occurrence with attorneys from Los Angeles DUI attorneys firm able to get dismissals of many “drunk in public” charges.
LOS ANGELES DUI ATTORNEY CAN HELP YOU
We specialize in all alcohol related offenses including drunk in public in Los Angeles and drunk driving in Los Angeles. Our experience with local police agencies and prosecutors allow us to get results other attorneys can not. We offer competitive prices and will litigate your case through motions and trials if necessary. Our quality representation is well known amount colleagues attorneys and adversaries. Our office is able to represent defendants in most courts of southern California including Los Angeles public intoxication cases, Orange County public intoxication cases, San Bernandino public intoxication cases and Riverside public intoxication cases.
Los Angeles DUI attorney often uses “drunk in public” to negotiate a DUI where driving can not be proven.
Call (818) 921 7744 our office anytime to talk to an attorney directly.
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