Practice Area
California Drunk in Public Defense Lawyers
What you need to know if you are accused of Drunk in Public or Disorderly Conduct
A charge of drunk in public is actually a type of disorderly conduct under California law. This crime is one commonly seen when the police arrest someone who they believe has consumed too much alcohol, but is not driving his vehicle. However, what many people do not realize is that it is not a crime to simply have consumed a large quantity of alcohol and being in a public place. The legal standard, under California Penal Code 647 (f), is that a person must be “unable to exercise care for his or her own safety or the safety of others, or … interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.” That is, in order to convict you, the state must be able to prove that you were so drunk that you were a public nuisance or a hazard. This means that in many of our drunk in public cases Wallin & Klarich is able to get the charges dismissed against you.
To show that your behavior did not merit a charge of drunk in public Wallin & Klarich attorneys will search through all of the facts surrounding your arrest. If you were able to pay for your drinks, speak clearly and understandably to law enforcement or perform other tasks normally, you were probably not so intoxicated as to endanger yourself or those around you. Furthermore, if you were on your own private property, it doesn’t matter how drunk you were; you were not in a public place, as the law requires. Our Orange County drunk in public defense attorneys will look at facts like this to build your case, then work to have your charges reduced or dismissed before they even go to court, in conjunction with any other charges you may face.
If you are charged with public intoxication, you face up to six months in county jail, probation and steep fines. Before you plead guilty to a charge of drunk in public, you should always call Wallin & Klarich to get a free evaluation of your case.
