July 18, 2012 By Paul Wallin

Drunk in Public

Normally in California you would be placed on three years probation when you are convicted of a DUI. One of the most important terms of your probation is not to violate any new law. The most serious type of new law violation would be a law pertaining to drinking alcohol in excess. In this case, you will be facing the new case for an alleged violation of Penal Code Section 647(f), drunk in public and that is a misdemeanor that carries a maximum penalty of six months in county jail. However, in addition you are facing up to six months in jail (minus whatever time you did in jail for the DUI) for a probation violation when you come in front of the judge who sentenced you on the DUI.

People often do not understand that when they are put on informal probation they need to abide by all of the terms of their probation or they can be facing a substantial jail sentence.

1 comment

  1. Recently, I had a case of a probation violation for the same facts as above. Knowing the Judge as I did, I decided to ask my client to attend 20 AA meetings due to his new arrest for the drunk in public. The Judge was so impressed by his proactive approach, he decided not to impose jail time on the probation violation for the DUI. Client was very happy.

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