Have you ever found yourself in a situation where you've had a little too much to drink in public and worried about the consequences? If this is the case, you might have faced a public intoxication charge. If you have never faced these charges, it is still crucial to understand what public intoxication entails and what to do if you are in this situation.

Public intoxication is a criminal offense that can result in legal consequences and a criminal record. In this blog post, we'll explore what public intoxication is, its potential consequences, and how you can protect yourself if you find yourself facing charges.

California Law on Public Intoxication

Public intoxication is the act of being visibly intoxicated in a public place to the point where you pose a danger to yourself or others. This can include being unable to walk or talk normally, vomiting, or exhibiting erratic behavior. While being drunk in public alone is not enough to be charged with public intoxication, if you display these types of behaviors or pose a risk to yourself or others, you could be arrested and charged.

This offense is prosecuted under Penal Code 647(f). The prosecution must prove different elements (known as elements of the crime) for you to be guilty. The prosecution must show that you were intoxicated (drunk) in a public place, thereby posing a danger to yourself or other parties.

Meaning of Intoxication

Intoxication or “being drunk” refers to a state in which a person's mental or physical abilities are impaired due to the consumption of alcohol or drugs. The level of impairment required for public intoxication charges can vary, but generally, you must be visibly intoxicated and unable to care for yourself or others.

As an example, a person might be presumed to be drunk if they are stumbling, slurring, or exhibiting other signs that might endanger their lives or those of others.

For the element of “intoxication” to be approved under PEN 647(f), you must have been willfully under the influence. This means that you intentionally consumed alcohol or drugs to the point of intoxication, rather than accidentally ingesting them or being forcibly drugged.

The element of willfulness is important because it distinguishes between those who may have accidentally become intoxicated, such as someone who was unknowingly given a spiked drink, and those who made a conscious decision to consume alcohol or drugs to the point of intoxication.

For example, if a person goes to a party and drinks too much without realizing it, they may not be charged with public intoxication because they did not willfully become intoxicated. However, if a person intentionally drinks to the point of intoxication and then behaves in a way that poses a danger to themselves or others, they could be charged with public intoxication.

Meaning of Public Place

While some public places where public intoxication charges might arise are quite obvious, such as streets, parks, and sidewalks, there are also less obvious places where you could still be charged with public intoxication.

The less obvious places can be airports, sporting events, public transportation, concerts, or even an area in front of another person’s house (such as the front porch, front lawn, and driveway).

What it Means to Be a Danger to Self or Others

The person's intoxication must pose a danger to themselves or others. This means that the person must be so intoxicated that they are unable to care for themselves or others, and their behavior poses a risk of harm. This can include behaviors such as stumbling into traffic or starting fights with others.

Potential Consequences if You Are Found Guilty

Public intoxication is considered a misdemeanor offense in California. This means you could face up to six months in jail and/or a maximum fine of $1,000.

In most cases, judges offer a misdemeanor (summary probation) instead of jail or community service instead of fines.

In addition to the legal consequences, a conviction for public intoxication can also have long-term consequences, such as a criminal record. A criminal record can affect your ability to get a job, obtain housing, and even impact your relationships with family and friends. That's why it's important to take public intoxication charges seriously and consult with an experienced criminal defense attorney who can help protect your rights and defend your case.

Can I Be Deported if I Am an Immigrant?

In general, a public intoxication charge is not considered a deportable offense in the United States. However, if a person is not a U.S. citizen and is convicted of a public intoxication charge, it could have immigration consequences.

Under U.S. immigration law, certain criminal offenses can result in a non-citizen being deemed deportable or inadmissible to the United States. These offenses are classified into five major groups: domestic violence offenses, firearm offenses, drug offenses, aggravated felonies, and crimes of moral turpitude like child molestation.

Whether a public intoxication offense would have immigration consequences depends on the specific circumstances of the case and the individual's immigration status. For example, if a non-citizen is in the country on a temporary visa and is convicted of public intoxication, it may not result in deportation but could lead to the revocation of their visa and denial of future visa applications. On the other hand, if a non-citizen is a permanent resident (green card holder) and is convicted of public intoxication, it may not result in deportation but could potentially affect their eligibility for citizenship or reentry into the country after traveling abroad.

Does It Affect My Gun Rights?

In California, a conviction for public intoxication is not a felony offense, and it does not result in the loss of gun ownership rights. However, there are certain criminal convictions that can lead to the loss of gun ownership rights under both California and federal law.

Under California law, a person is prohibited from possessing firearms if they have been convicted of certain offenses, including felonies, certain misdemeanor domestic violence offenses, and certain drug-related offenses. A conviction for public intoxication is not one of these offenses.

Under federal law, a person is prohibited from possessing firearms if they have been convicted of a felony or a misdemeanor crime of domestic violence. A conviction for public intoxication is not considered a misdemeanor crime of domestic violence under federal law.

Note that the possession of firearms while under the influence of drugs or alcohol is a separate offense in California, and it is punishable by up to one year in jail and a fine of up to $1,000. Therefore, if a person is found to be in possession of firearms while intoxicated in public, they could face separate charges and potential consequences.

Additionally, certain misdemeanor offenses have up to a 10-year ban on firearm use, but public intoxication does not.

Getting an Expungement

If you have been convicted of public intoxication, you may be eligible for an expungement under certain circumstances. An expungement, also known as a dismissal, is a court order that sets aside the conviction and dismisses the case. This can help remove the conviction from your criminal record and improve your chances of finding employment or housing.

To be eligible for an expungement of a public intoxication conviction, you must have successfully completed your probation period and not have any new convictions. If you did not receive probation, you must wait one year from the date of your conviction to file for an expungement.

The process for getting an expungement typically involves the following steps:

  1. Obtain a copy of your criminal record — You must obtain a copy of the criminal record from the court where the conviction occurred.
  2. Fill out the appropriate forms with the court, including a petition for dismissal and a declaration in support of the petition.
  3. Attend a hearing — In some cases, a hearing may be required to determine whether you are eligible for an expungement. If a hearing is required, you must attend and provide evidence of your eligibility.
  4. Wait for the court's decision — After the petition is filed, the court will review the case and determine whether to grant the expungement.

Note that an expungement does not completely erase the conviction from a person's criminal record. Rather, it results in the case being dismissed and the plea changed to "not guilty." However, the conviction may still be visible on certain types of background checks.

Defending Yourself Against Public Intoxication Charges

A good defense strategy can have your charge reduced or entirely dismissed.

Here are potential defenses against these charges:

  1. Lack of intent — Public intoxication requires that the person was willfully intoxicated. If you were not aware that you were becoming intoxicated, or if you did not intend to become intoxicated, you may be able to argue that you did not have the necessary intent to commit the crime.
  2. You were not in a public place — If you were not in a public place, or if you were on private property, you may argue that you did not violate the law, even if you were intoxicated.
  3. You did not cause interference — You must show that your behavior, even if you were drunk, did not pose a threat to public safety or disturb the peace. You need to provide evidence that you were not acting in a disruptive or disorderly manner. You might also argue that your level of intoxication was not severe enough to impair your behavior or actions.

Should You Hire a Defense Attorney?

While public intoxication is a misdemeanor and might appear a minor crime, you still need an attorney to defend you. Here is why:

  • Knowledge and experience — A criminal defense attorney has knowledge and experience in dealing with public intoxication cases. They can review the evidence against you, challenge the prosecution's case, and negotiate with the prosecutor to obtain the best possible outcome.
  • Protection of your rights — An attorney can help protect your constitutional rights, including your right to a fair trial, the right to remain silent, and the right to legal representation.
  • Strategic defense — An experienced attorney can develop a strategic defense tailored to your specific case. They can analyze the facts and evidence, identify weaknesses in the prosecution's case, and develop a plan to obtain the best possible outcome.
  • Mitigation of consequences — Even if you are ultimately convicted of public intoxication, a defense attorney can work to mitigate the consequences. This may include negotiating a plea bargain for a reduced sentence or exploring alternative sentencing options, such as community service or substance abuse treatment programs.

Overall, hiring a defense attorney is highly recommended if you are facing public intoxication charges. They can provide you with the legal representation and support you need to navigate the legal system and achieve the best possible outcome.

Are There Offenses Related to Public Intoxication?

There are several related offenses under California law that are similar to public intoxication.

Disturbing the Peace

Disturbing the peace under Penal Code 415 is a misdemeanor offense in California that prohibits individuals from engaging in certain disruptive behaviors in public places. Specifically, the statute makes it illegal to intentionally disturb the peace of others by:

  • Unlawfully fighting, challenging to fight, or using offensive words in a public place;
  • Making loud or unreasonable noise in a public place; or
  • Using offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

The statute also covers a wide range of disruptive behaviors, such as playing music loudly in public places, shouting profanity or insults, or engaging in other behaviors that are likely to disturb others.

A violation of Penal Code 415 is a misdemeanor offense that can result in up to 90 days in jail and/or a fine of up to $400. It is important to note that like public intoxication, disturbing the peace charges can have serious consequences beyond the legal penalties. A conviction can negatively impact job prospects, and immigration status, and may even result in the loss of certain civil rights.

Minor in Possession of Alcohol

Minor in possession of alcohol (MIP) is a criminal offense in California that occurs when a person under the age of 21 possesses, purchases, or consumes alcohol. The possession of alcohol by a minor is illegal under California Business and Professions Code 25662.

The penalties for a first-time MIP offense can include:

  • A fine of up to $250;
  • Community service;
  • Participation in an alcohol education program; and/or
  • A driver's license suspension of up to one year.

For subsequent MIP offenses, the penalties can increase to include higher fines, longer license suspensions, and even a short term in jail.

A conviction can have negative consequences beyond the legal penalties. It can impact college admission, scholarships, and even job prospects. Furthermore, a minor may also face charges for other crimes, such as DUI or public intoxication, if they were found to be driving or causing a disturbance while under the influence of alcohol.

Driving Under the Influence

Driving under the influence (DUI) occurs when a person operates a motor vehicle while intoxicated by alcohol or drugs. In California, DUI is covered under Vehicle Code Section 23152, which outlines two distinct offenses:

  1. Driving under the influence of alcohol (VC 23152(a)): This offense occurs when a person operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, a person can still be charged with DUI even if their BAC is lower than 0.08% if there is evidence of impairment.
  2. Driving under the influence of drugs (VC 23152(f)): This offense occurs when a person operates a vehicle while under the influence of drugs, including illegal drugs, prescription drugs, and over-the-counter medications.

The penalties for a DUI conviction can vary depending on the circumstances of the case and any prior DUI convictions. Generally, a first-time DUI offense can result in:

  • A fine of up to $2,000;
  • Jail time of up to six months;
  • Driver's license suspension of up to six months;
  • Participation in a DUI education program;
  • Installation of an ignition interlock device; and
  • Probation.

For subsequent DUI offenses, the penalties can increase significantly, including longer jail sentences and longer license suspensions. A DUI conviction can also have negative consequences beyond the legal penalties, such as increased insurance rates, loss of employment, and difficulty obtaining a professional license. As a result, you should get legal counsel to help challenge these charges.

Find a Los Angeles Criminal Defense Attorney Near Me

While public intoxication is a misdemeanor, you should not treat it lightly. If you are facing public intoxication charges, you should start exploring legal options that could have your charges dismissed. Hiring an experienced defense attorney can help you navigate the legal process and work toward the best outcome for your case. At The LA Criminal Defense Law Firm, we have a record of successfully defending clients against criminal charges throughout Los Angeles. Contact us today at 310-935-1675 to schedule a free consultation and learn how we can help you with your case.