California Public Intoxication Defense Lawyers

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

Is public intoxication a misdemeanor?
Public intoxication is a misdemeanor. If convicted, you could be imprisoned in county jail for up to six months, or you could be given a fine of up to one thousand dollars ($1,000), or you could get the fine and be imprisoned.

Can I get probation for public intoxication?
The court has the power to place the defendant on probation. If the defendant is placed on probation, the court may impose from one day to one year in the county jail as a condition of probation. A probation sentence may also include counseling, community service, physical labor, or drug testing.

Can I be charged with public intoxication if I was in a parked car?
A defendant can be charged and convicted of public intoxication if the defendant was found sitting in a parked car in a public street. See People v. Belanger (1966) 243 Cal.App.2d 654, 657.

When would the police officer arrest me for public intoxication and when would the police officer cite me with a public intoxication ticket?
The police officers have discretion on whether to arrest you or to cite you with a ticket. The police could use a number of factors to determine whether to arrest a person who is intoxicated in public. The main concern for the police would be your level of intoxication and the safety of yourself and others around you.

What if my blood alcohol concentration level was not 0.08% or over, can the police officer still get me for public intoxication?
Having a blood alcohol concentration of 0.08% is not a required element to be convicted of public intoxication. The arresting police officer just needs to determine whether you are under the influence of a drug or alcohol and if you are unable to exercise care for your own safety, or the safety of others. The police officer could also arrest you if you are under the influence, and you are interfering with the free use of a street, sidewalk, or any other public way.

What if I am under 21 and I’m convicted of public intoxication, can I still lose my driver’s license even if I was not driving a vehicle?
Under California Vehicle Code section 13202.5, if you are under 21 years of age and you are convicted of public intoxication, you will lose your driver’s license for up to one year, even if you were not driving a vehicle. Also, if you do not yet have the privilege to drive, the court shall order the department to delay issuing the driver’s license for one year subsequent to the time you become legally eligible to drive.