California Public Intoxication Defense Lawyers

Public Intoxication Defenses – California Penal Code Section 647(f)

Public intoxication laws in California can be very subjective. Often times the arrest is solely based on the police officer’s opinion. An experienced attorney can assist the defendant in putting on a successful public intoxication defense. Some of the available defenses are the following:

Not Under the Influence
A defendant cannot be convicted of public intoxication if the defendant was not under the influence of any alcohol, drug, or controlled substance.

Not in a “Public Place”
You cannot be convicted of public intoxication if you were not in a “public place” when you were cited/arrested. For example, if you were intoxicated but you were inside your home or otherwise on your property, that would be a defense to a charge of public intoxication.

Not a Danger to Self or Others
It is not enough that the defendant was merely intoxicated. The defendant must also have been a danger to the safety of himself or herself, or to the safety of others. If the defendant was not risking anyone’s safety, this can be used as a defense to the charges of public intoxication.

Didn’t Obstruct Public Way
It is also a defense if the defendant was not obstructing any street, sidewalk, or any other public way.