Public Intoxication Laws in California PC 647

California Public Intoxication Law PC 647f

Outlaws public intoxication (public drunkenness).

California Penal Code section 647f describes the crime as follows: “[An individual] found in any public place under the influence. “This includes intoxicating liquor, any drug, controlled substance, toluene, or any combination of  these, in a condition that they are unable to exercise care.  This is applies to their safety of others, or if their intoxication interferes with the free use of any public way.”

What Constitutes Public Intoxication in the State of California?

There are three elements to a public intoxication charge. The defendant must:

1. Was willfully under the influence of alcohol, drugs, or any other controlled substance.
2. The authorities must prove that the defendant intoxicated in a public place.
3. They became so intoxicated that they could not care for their own safety or the safety of others. Or obstructed/prevented the free use of a sidewalk, road, or other public entity.

Keep in mind that “intoxication” refers to a delirious state caused by any drug or controlled substance, not just alcohol. The statute also requires the accused individual to have willingly taken the substance.

Can A Public Intoxication Charge Affect Your Reputation And Future?

Yes, a public intoxication charge can affect your criminal record. Even though it is only a misdemeanor, information about it may come up in an employer or landlord’s background check. This could affect:

1. employment opportunities
2. rental housing
3. enrollment in an educational institution

In some cases, having even one conviction can be perceived as a risk. Particularly if the profession requires a high degree of trust.

Can Public Intoxication Lead To Other Legal Consequences?

Yes, if the intoxicated behavior led to other offenses. Such as:

1. assault
2. vandalism
3. resisting arrest.

In these cases, the penalties may be harsher and will include longer jail time or large fines.

Should I Contact An Attorney When Facing A Public Intoxication Charge?

What Defines A Public Place?

A “public place” does not just refer to publicly owned property, such as a road. This definition includes all places that anyone can gain access to, even if it is private property.

In addition to parks, sidewalks, and roads, being intoxicated in a mall, restaurant, or club could lead to a charge. Even in places that are permitted to sell alcohol, one can become intoxicated enough to be arrested for public intoxication. Lastly, even your own property can be classified as public in some instances where it is easily visible to others. Some examples of this would be one’s car parked in a parking lot or even one’s own front yard in some cases.

The third requirement of PC 647f makes it clear that being under the influence in public alone is not a crime. One requirement of being convicted for public intoxication is that a person must be so intoxicated that they cannot take care of themselves. They must also be unable to care for others. Additionally, the person must interfere or block a public entity.

What Are the Criminal Punishments for Public Intoxication?

Public intoxication is classified as a misdemeanor in California and is punishable by up to 6 months in county jail and/or a fine up to $1000. In many cases, the court can substitute jail time with other alternatives, such as probation with mandatory rehabilitation or community service.

Penal Code section 647g authorizes a police officer or other peace officer to place someone in violation of public intoxication laws in civil protective custody (drunk tank) until it is safe and reasonable for the defendant to leave.

Some Ways To Defend You

Involuntary intoxication is one potential defense. If someone forcefully or unknowingly received substances that led to intoxication, this would disqualify them from facing charges for public intoxication. Some examples include:

• Someone slipped a drug in your drink at a club and you passed out in public later
• You took medication that gave you a rare, unforeseeable side effect of intoxication/delusion

One can also defend themselves by trying to establish that they were not in a public place at the time of intoxication. This is a very grey area with different rules depending on the state you live in. If authorities charged you with public intoxication on your property or a friend’s property, you may want to consider this defense

Lastly, you can establish that your intoxication was not extreme enough to have warranted a violation of public intoxication laws. Being under the influence in public or being ‘buzzed’ does not count as a crime. You can prove that you were not intoxicated to the point where you couldn’t care for yourself or others. If you can show that you did not obstruct sidewalks, roads, or other public areas, authorities cannot charge you. 

Are you in need of additional information regarding public intoxication laws in California? Feel free to give KAASS Law a call anytime at (310) 943-1171 in order to speak with our legal team.