How to Handle a Public Intoxication Charge
Most people assume that as long as they don’t drive after they’ve been drinking, they have nothing to worry about. What they don’t realize is that in California, you can be charged with public intoxication.
While it’s perfectly okay to drink in California, while you’re in public, you’re not allowed to drink to a massive excess. In California, there are two ways your drinking could result in your being charged with public intoxication.
The first is that you can’t be so drunk, you become a danger to yourself and to others. This means that if you leave the bar with the intention of walking home, but are so drunk you’re walking into traffic, picking fights, are doing something that makes the police think you’re endangering either yourself or others, you can be arrested. Its even possible that if you pass out on your walk home and are found by the police that in addition to taking you to the hospital for an exam, they will also charge you with public intoxication.
The other thing you can do that will prompt the police to arrets you for public intoxication is obstructing public ways. If your in the middle of sidewalk, public entrance, or road and people are unable to get around you, you’ll be taken to jail.
In California, public intoxication is a misdemeanor offense. While this isn’t as serious as being accused of a felony, if you’re convicted, you will have a criminal record. It is something employers and anyone else who runs a criminal background check on you will discover. While you can plead guilty to the charges right away, in the long run, it’s usually in your best interest to consult with an attorney who will look at the details surrounding your case and help you decide what the best and least life altering course is.
If you’re convicted of public intoxication in California, the maximum sentence you receive is six months in a county jail and/or a $1,000 fine. It’s common for individuals who are convicted of public intoxication in California to be ordered to take on community service and to pay a fine. In some situations, mandatory substance abuse awareness classes are part of the sentence.
Is Public Intoxication a Misdemeanor in California?
Everyone knows that we’re not supposed to drink and drive. Many of us have gotten really good about making sure that whenever we go out to have a good time, we have a plan for getting home that doesn’t involve us driving. In some situations, we simply decide to walk home.
While walking home while you’re drunk is preferable to you driving while under the influence in California, you should be aware that it’s still not the safest option. All of the alcohol you’ve consumed slows your response time and dulls your reflexes. Not only does this make you an attractive target to any criminals you may encounter on your walk, but there’s also a chance a patrol officer could notice you staggering home and decide to charge you with public intoxication.
That’s right. Being extremely drunk while in public is a crime.
California even has a law that specifically deals with public intoxication. It’s Penal Code 647f PC. It clearly states that anyone:
“Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.”
Public intoxication in California is a misdemeanor. If you’re convicted, the maximum sentence is:
- Six months in a county jail
- A $1,000 fine
A public intoxication conviction may be embarrassing but it’s not an offense that will negatively impact your gun rights. It’s also possible to have the public intoxication charge expunged.