The crime of being Drunk in Public, also known as Public Intoxication, is commonly cited by police officers in San Diego County. However, many people arrested for being Drunk in Public are actually not guilty of the crime. In fact, Public Intoxication may be the single crime most over-charged and misunderstood by San Diego County police officers.
What is Drunk In Public?
Penal Code 647(f) is a subset of the crime “Disorderly Conduct.” To prove that you are guilty of Public Intoxication, prosecutors must prove that:
- you were so intoxicated that you were unable to exercise care for your own safety or the safety of others
OR
- due to your level of intoxication, you interfered with, obstructed or prevented the free use of any street, sidewalk, or other public way.
The prosecutors can use evidence that you were drunk off any alcoholic beverage or that you were under the influence of any drug. The term “public” has been deemed by judges to include areas in front of a person’s house, such as a front lawn, driveway or front porch.
What sentence am I facing if convicted of Public Intoxication?
Drunk in Public or Public Intoxication (two names for the same crime) is a misdemeanor offense. The maximum sentence is a fine of $1,000 and 6 months in jail. Most sentences result in the defendant being placed on summary probation (also known as “informal probation” or “probation to the court”) for up to 3 years.
Pursuant to Penal Code 647.2, anyone who is 1) convicted of public intoxication and 2) granted probation may be ordered by the judge to participate in a Youthful Drunk Driver Visitation Program. The program may require the defendant to visit any of the following locations:
- a trauma facility, base hospital or a general acute care hospital that provides emergency care to victims of vehicle accidents involving drunk drivers,
- a facility that cares for advanced alcoholics, such as a chemical dependency recovery hospital, to observe persons in the terminal stages of alcoholism or drug abuse, or
- the county coroner’s office or the county morgue to observe victims of drunk drivers.
While it is more likely that this program would be ordered for someone under 21 years old, it could be ordered for anyone, regardless of their age.
How can I defend myself against the charge of Drunk in Public?
To properly defend yourself against these criminal charges, you should retain the representation of a qualified and successful criminal defense attorney. You will want to do a complete investigation and gather as much evidence you can from witnesses, video surveillance, alcohol receipts, taxi drivers, friends, bartenders, etc. For example, if you bought alcohol from a bartender just before being arrested, the bartender may be able to help by testifying that you were not excessively intoxicated. (Few bartenders want to admit to serving alcohol to someone who was already so intoxicated he couldn’t care for himself or others.) The type and depth of your investigation will depend on the circumstances of your case.
At Lounsbery Law Office, PC, we have successfully defended innumerable clients charged with Drunk in Public and Public Intoxication. We know what it takes to win. We do not want to see our clients end up with this crime on their record for the rest of their lives. We would like to help you as well. Read about the 8 things you must do now to help us win your case. To speak with an El Cajon attorney experienced with Drunk in Public or Public Intoxication cases today, call 619-792-1451 or send us an email.