California Public Intoxication Defense Lawyers

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

A public intoxication arrest can lead to criminal charges being brought against the defendant. If the defendant goes to trial, the prosecution will have to prove that the defendant was guilty beyond a reasonable doubt.

To prove the defendant guilty of being intoxicated in public, the prosecution must prove that:

• The defendant was willfully under the influence of alcohol, any drug, or a controlled substance;
• When the defendant was under the influence, (he/she) was in a public place;

AND

• The defendant was unable to exercise care for (his/her) own safety, or the safety of others, OR
• Because the defendant was under the influence, (he/she) interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way.

Someone commits an act “willfully” when he or she does it willingly or on purpose.

A key element is that the defendant has to be intoxicated in a public place. A “public place” is a place that is open and accessible to anyone who wishes to go there.