Many that appear to be inebriated in public in California may be arrested and charged with disorderly conduct. Although it might not seem so at the time, a conviction for disorderly conduct may have long-term consequences. Choosing the right Criminal Defense Attorney will mean the difference between defending your rights and your future.



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Find A Criminal Defense Lawyer for Public Intoxication

According to California Penal Code, anyone who is found intoxicated or under the influence of drugs in a public place and is unable to care about his or her own safety or the safety of others may be prosecuted for disorderly conduct 647(f). Furthermore, suppose a person interferes, obstructs, or prohibits the free use of any public street, sidewalk, or way due to intoxication or substance use. In that case, the person may be arrested for disorderly behavior. This means that you could be convicted and charged with being intoxicated in public if you have one too many drinks and fall asleep on the pavement outside your own house.

In California, it is a misdemeanor felony. A conviction will result in fines, probation, and a 6-month county jail term. While it might seem to be a minor infraction, public intoxication is a felony that requires legal counsel by a qualified Criminal Defense Attorney to prevent a prosecution.

Disorderly Conduct

Under certain state laws, disorderly conduct is a misdemeanor. Repeat offenses, on the other hand, can result in harsher penalties. Since a misdemeanor may result in prison time and penalties, consulting with a Criminal Defense Lawyer might be advantageous. You could face time-consuming and exhausting consequences if you are charged with disorderly behavior. A skilled Criminal Defense Lawyer will fight for your rights and safeguard your interests.

Disorderly conduct is specified in California Penal Code 647. Individuals who engage in a wide variety of offensive or destructive activities in public are charged with this criminal charge. The following are some examples of behavior that can be considered disorderly:

  • Indulging in unethical sexual conduct, such as soliciting prostitution or peering into public restrooms
  • Without the permission of the property owner, loitering or lingering in private or public buildings is prohibited
  • Being under the influence of alcohol or drugs in public to the point that one is unable to exercise reasonable consideration for one's own or others' protection or obstructing a public sidewalk or road
  • Taking advantage of others or begging for money or other valuables
  • To decide whether the conduct was disorderly, a Criminal Defense Lawyer might gather evidence, video recordings, and witness statements.

Charges for Disorderly Conduct

The California Penal Code lists a long list of violations that qualify as disorderly conduct. The following are examples of transgressions:

  • Lewd behavior or solicitation of lewd behavior
  • Prostitution or prostitution solicitation
  • Attempting to apprehend another person for the purpose of begging
  • loitering in a public place for obscene, lascivious, or sexual purposes
  • any illegal activities
  • Acting in a public place when under the influence of alcohol or a controlled substance (drunk in public)
  • loitering, prowling, or creeping into a private residence or company for the purpose of peeping or other illegal viewings
  • Unlawful exposure by the use of a hidden camera or video equipment

Disorderly Conduct's Subjectivity

This law is specified in a very broad sense. As a consequence, what constitutes "disorderly behavior" may be interpreted differently.

The following items may be included in the case investigation:

The following are the facts surrounding the suspected violation: Many disorderly conduct charges include actions that would not be deemed illegal if carried out in a different setting or at a different time. Shouting in the middle of a worship service, for example, may be considered distracting, but screaming in a construction zone might not.

  • The prosecutor must prove that the conduct will alarm a rational person.
  • What constitutes a public place and what does not is a point of contention.

Our Criminal Defense Lawyers are well-versed in the complexities of a disorderly conduct case.

What Is A Misdemeanor?

Since misdemeanors do not carry the same severe punishments as felonies, many people make the mistake of dismissing them. Because of the far-reaching effect, a misdemeanor conviction may have on one's life and future, this error can be extremely risky. Misdemeanor charges, if not treated properly, can prevent you from having jobs and housing, as well as affecting your career development.

If you or someone you know has been charged with a misdemeanor, the first thing you can do is contact a Los Angeles Criminal Defense Lawyer right away. With the right skills, experience, and strategy, a professional Criminal Defense Attorney will help get the charges against you reduced, severely reduced, or even dismissed.

Consequences Of A Misdemeanor In Los Angeles

When a person is convicted of a misdemeanor, they are given a criminal record, which they must disclose if they apply for school, a job, or housing in lieu of a background check. Misdemeanor punishments vary widely depending on the offenses. If you are not represented by a Criminal Defense Attorney, you could face up to a year in prison and thousands of dollars in penalties.

When considering the ramifications of a misdemeanor in Los Angeles, we must consider all statutory punishments and repercussions that occur outside of the legal system but have a significant impact on the person convicted.

A conviction for a misdemeanor can leave a mark on a person's criminal record. This can make it difficult for them to find work, find suitable accommodation, or attend school. While this may not appear to be a major issue, it is important to remember that a misdemeanor can set a person back in their efforts to move forward in life. These setbacks can have a cascading impact, and they often lead to an individual returning to a life of crime due to a lack of alternative sources of income.

When Is A Misdemeanor In Los Angeles A "Wobbler" Offense?

In California, there are a number of crimes classified as "wobblers." When a crime is classified as a wobbler, prosecutors have the option of charging it as either a misdemeanor or felony offense. A prosecutor will consider different facts about the specific crime as well as the person's criminal history when deciding whether or not to prosecute someone with a misdemeanor or felony for a wobbler.


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Wobbler crimes in Los Angeles are a prime example of why someone accused of a crime wants the help of a Criminal Defense Lawyer. A Criminal Defense Attorney will be able to intervene quickly and maintain clear lines of communication with the prosecutor in order to achieve the least serious charges possible. If the odds are stacked against a prosecutor filing a wobbler as a felony rather than a misdemeanor, the person accused of the crime may suffer serious repercussions. A Criminal Defense Attorney may intervene and claim that the essence of the crime or the individual's criminal history may not warrant a felony charge.

Drunk in Public (California Penal Code 647(f) PC)

Getting intoxicated in public is strictly prohibited in the state of California. According to California Penal Code 647(f), an individual may be charged with public intoxication if their degree of intoxication renders them incapable of caring for their own or others' protection. An individual whose level of intoxication interferes with, or otherwise prohibits, nearby people from using public streets and sidewalks is in the same boat.

If you've been charged with "DIP," "drunk and disorderly behavior," "under the influence in public," or "intoxicated in a public location," you're now facing public intoxication charges under California law. Charges of public intoxication default to a very technical description of the criminal charges. There are some complexities to a crime like this, and being charged with public intoxication hinges on the prosecution's ability to prove the following:

  • The defendant was under the influence of drugs or alcohol on purpose.
  • The defendant lacked the ability to show restraint and care about his or her own and others' welfare.
  • At the time of his or her intoxication, the defendant was in a public location.
  • The defendant's extent of intoxication obstructing or interfering with public walkways.

A Conviction's Consequences

  • Defendants who are eventually found guilty of the public intoxication charges filed against them will face the sentences outlined in California Penal Code 647. (f). This is a misdemeanor conviction punishable by up to six months in prison, summary probation (also known as informal probation), and penalties.
  • If a person is convicted of public intoxication for the third time in a 12-month span, the fines are increased. The defendant would serve a minimum of 90 days in county prison in this case. Those that spend 60 days in an alcohol treatment and rehab facility instead of incarceration are exempt from the penalty.
  • The arresting officer is responsible for holding you in civil protective custody after you have been arrested for disorderly conduct. If such exceptions are not met, those arrested for being intoxicated in public will be taken to a 72-hour detox and evaluation facility for inebriates, according to Section 5170 of the Welfare and Institutions Code.

You could have full immunity to being charged with being intoxicated in public if the officer does not take you to a detox facility instead of prison. And, since disorderly conduct is a misdemeanor, arresting officers are required to use the least amount of force possible.

When You're Under 21

You are not permitted to drink or possess any alcoholic drinks if you are under the age of 21. An individual under the age of 21 may be arrested for being intoxicated in public, much like anyone over the age of 21. Furthermore, even though you are not disorderly, you will be convicted and charged with a misdemeanor if you are under 21 and are found consuming or possessing alcohol in any public place. A "minor in possession," or "MIP," is a term used to describe a minor who has alcohol in his or her possession.

Although a charge of minor in possession does not appear to be a significant crime, it may result in the loss of your license for a year, hundreds of dollars in fines, and several hours of community service if you are convicted. Furthermore, if you are under the age of 21 and are arrested for consuming alcohol, the law mandates that you complete community service at an alcohol or opioid rehab center or at a local coroner's office.

Possession of alcohol by a minor carries the following penalties:

  • For first-time offenders, a fine is imposed, as well as 24-32 hours of community service.
  • For repeat offenders, a fine and 36-48 hours of community service are imposed.

If you've been arrested for disorderly conduct or underage drinking, you can speak with a California Criminal Defense Lawyer right away. Even if these criminal charges appear to be minor, any felony conviction on your record may have long-term repercussions. Getting a disorderly conduct conviction on your record will lose your job and even prohibit you from being hired in the future.

Drugs and Other Substances

Beer, wine, and any other alcoholic beverage are all considered intoxicating under the statute. In addition, any substance with an intoxicating effect, such as alcohol, heroin, or prescription drugs, is included. Toluene, an inhalant substance contained in paint thinner, fuel, shoe polish, and glue, is also mentioned as an included intoxicant in the statute.

After The Arrest

Most of the time, if you are arrested for public drinking, you will not be sent to prison. The officer can place the individual in protective custody if it is necessary to do so. They could then be taken to a care and assessment center. If the individual is arrested for public intoxication, the police can take them into custody in some cases.

When police suspect a person is under the influence of drugs rather than alcohol, or a combination of drugs and alcohol, the person may be arrested. Similarly, if the police suspect a person has committed a crime or may attempt to flee, they might be taken into custody.

Definition of "Drunk in Public"

Any area that is open to the public is referred to as a public place. A public street, the sidewalk, public parks, or areas where the public often congregates, such as a sporting event, mall, or shopping center, are examples. Even if others see or hear you acting intoxicated when on private property, such as at a backyard party, that is usually not considered a public location.

"Appearing" Drunk

To be charged with public intoxication, you do not have to be drunk or inebriated. The police may arrest anyone for public intoxication simply because they appear to be intoxicated or high. When anyone is convicted solely with shouting or being boisterous, this provides a possible defense to criminal charges. Some people can become elated after a sporting victory and express their joy on the street. Even if the person has not ingested any drugs or alcohol, the police may believe that they are inebriated.

On-Campus

The East Bay is home to a variety of colleges and universities, with an estimated 50,000 students enrolled at local institutions. During their college years, many of these students would experiment with alcohol for the first time. As a consequence, young people can be unaware of their alcohol intake limits or tolerance. Famous college sporting events often attract a large number of students who have been drinking and partying in public areas, which may result in charge of public intoxication.

When a student is charged with public intoxication on or off-campus, individual colleges and universities can impose additional sanctions or reporting requirements. Suspension, athletic probation, scholarship money loss, or being thrown out of school are all possibilities.

Legal Defenses That Could Be Used

Police often arrest people for being intoxicated in public simply for shouting, swearing, or making a scene in public. Since he or she had a glass of alcohol, a person cannot be charged with public intoxication for doing such stuff. The police must show that the person did those things because he or she was inebriated. Police often apprehend people they suspect are inebriated, regardless of their capacity to care for themselves or others. Some people have a higher tolerance for alcohol than others.

The crime had to have happened in a public location. As a result, a person arrested in his or her own backyard or porch cannot be found guilty of 647f. Another requirement of the crime is that the offender is willfully inebriated. An individual who forcefully feeds alcohol to another person and then places that person in a public place cannot be charged with 647f. He or she would be able to mount a strong defense. It's not unusual for cops to arrest and search an intoxicated person without a warrant. Detaining and interviewing someone without probable cause is enough to get the proof obtained from the search thrown out.

An accusation of public intoxication can be defended in a variety of ways. A skilled Criminal Defense Attorney will review your case and counsel you on all of your rights and possible defenses. The following defenses can be used depending on the facts of the case:

  • The defendant did not appear to be inebriated in public.
  • The defendant was not in a public place when he was arrested.
  • The defendant was not under the influence of any narcotics or alcohol at the time of the incident.
  • The defendant is capable of looking after themselves.
  • The defendant did not obstruct anyone's use of public space.

Although it's true that the legal consequences for being intoxicated in public aren't always serious, the bigger problem is having a conviction on your record. A Criminal Defense Attorney in Los Angeles will use a variety of defenses to fight the intoxicated in public charges under Penal Code 647. (f). There are some of them:

  • The arrest was illegitimate. A public intoxication crime must take place in a public place. You can't be charged with public intoxication if you're in your own house, apartment, or hotel space.
  • There is insufficient proof. Remember the characteristics of the crime from earlier. The prosecution must be able to demonstrate that you were willfully intoxicated to the point that you were unable to provide about yourself or others. We would be able to argue that they don't have enough proof to prosecute them. There is a lot of public pressure on police in Los Angeles County to keep the streets free of homeless people and loiterers. This also leads to overzealous cops arresting people who are not even mildly inebriated just to get them off the streets.
  • Sentencing Alternatives. Drunk in public, as described by Penal Code 647(f), is a relatively minor offense. It's also possible to engage in a probation program and get the charges dropped if you complete an alternative sentence, such as community service or Alcoholics Anonymous courses.
    • In a Los Angeles County criminal court, alternative sentencing is not always available. To decide if you are qualified, the judge will look at a number of factors, including:
      • Have you ever committed a violent crime, such as theft or sexual assault?
      • Did you commit the crime with a weapon?
      • If you have a criminal record or previous convictions?
      • Are you on probation or parole right now?
      • Are you putting yourself or others in danger?

It's worth noting that the judge will take into account the specifics and circumstances of your criminal charges. Many minor offenses and a few felony offenses are eligible for alternative punishment.

Alternative Sentencing

If the judge finds you eligible for alternative punishment and grants it, you have a number of choices. Some are up to the judge's discretion, while others are required by California statute. The following are some examples of alternative sentencing options:

  • House Arrest
  • Electronic surveillance
  • Volunteering in the community
  • Meetings of Alcoholics Anonymous or Narcotics Anonymous
  • Proposition 36
  • Drug court in California
  • Deferred Entry of Judgment
  • Involuntary detention at home
  • Supervised or unsupervised probation
  • Sessions with a therapist

Programs for behavioral management

In certain circumstances, we will be able to reach a legal settlement with the victim of your crime. This means that in cases like robbery, shoplifting, assault, or hit-and-run, we can try to persuade the victim to consent to or suggest the dismissal of your criminal charges if you pay restitution. Let's take a closer look at some of the most common choices.

Electronic Surveillance

Electronic surveillance is a form of house arrest or home detention program in which you must stay at home. Wearing an ankle bracelet that connects with a home monitoring device that sends a 24-hour signal to the monitoring agency is used to enforce electronic monitoring.

They'll report any tampering or suspicious behavior, such as travel outside of designated areas or curfew breaches. This service, however, is not provided for free. The cost of using an electronic monitoring instrument would be your responsibility.


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After a judge orders electronic surveillance, you may be allowed to go to work or school, attend therapy or alcohol/drug abuse courses, perform community service, visit the doctor, attend family commitments, and any other behavior the court orders.

Random drug tests and home visits will be part of most home confinement services. If you break the terms of your electronic supervision, your probation officer will be notified, and you will most likely be arrested. The judge will then revoke your home detention and return you to prison for the duration of your term.

Deferred Judgement

California Penal Code 1000 defines Deferred Entry of Judgment (DEJ). It's available if you've been charged with a misdemeanor or felony drug abuse but haven't been convicted of a drug offense before or if you've completed PC 1000 probation over the last five years.

DEJ usually entails 36 months of probation, but you must first plead guilty to a simple drug possession charge, after which the court will expect you to enter a five-month recovery program.

You will return to court, withdraw your guilty plea, and the judge will dismiss the case if you successfully complete the drug rehabilitation and have not been charged with any new offenses for 18 months. It should be remembered that probation under Penal Code 1000 is only valid during the pretrial period of your case and is not available if your case goes to trial.

Proposition 36

If you are charged with a misdemeanor or felony drug possession charge, you could be eligible for Proposition 36 probation if you have no previous drug convictions. It's referred to as structured criminal probation.

It's much more costly and restrictive than the DEJ Penal Code 1000 probation mentioned above. After being given Prop 36 probation, you will be expected to report to a Los Angeles County probation officer on a regular basis. The severity of your substance abuse issue will be assessed, and you will be sentenced to an outpatient or residential opioid recovery facility by the court.

You will return to court, and the judge will drop the charges if you successfully complete Prop 36 probation. If you go to trial and are found guilty, you can also use Prop 36, which is different from Deferred Entry of Judgment.

SCRAM Bracelet

In California, the SCRAM bracelet is a form of electronic monitoring that is often enforced as a punishment for driving under the influence. SCRAM stands for "Safe Continuous Remote Alcohol Monitor" and is an ankle-worn electronic system that detects alcohol in sweat.

It tests the blood for alcohol about once an hour – at random intervals – then stores the results and sends a report to a tracking service once a day.

Any attempt to tamper with the system will be detected, and the details will be included in the regular report. Normally, after being told to wear a SCRAM kit, you are free to go anywhere you want – but you are not allowed to drink alcohol.

Is it Possible to Reduce a DUI Charge to "Drunk in Public"?

The majority of states have legislation against public intoxication. This legislation is not only used against people who are intoxicated in public in California. It's used when someone is inebriated to the point that they can't regulate themselves or behave without regard for others. This can, and sometimes does, involve causing traffic congestion on public roads.

Due to the law's versatility, it's often used as a plea bargain in DUI cases. Reducing your DUI to a "drunk in public" fee has a lot of advantages.

Statistics on DUI Convictions

It's important to note that in the figures above, all of the drivers arrested for DUI were presumed innocent. The California Department of Motor Vehicles recently updated its statistical analysis and stopped monitoring prosecutions that happened in years after the year of arrest, rendering year-to-year comparisons difficult. Nonetheless, the DMV data shows that less than three-quarters of DUI arrests result in a conviction.

While a conviction for "wet reckless" (alcohol-related reckless driving) is not the same as a DUI conviction, the DMV includes "wet reckless" in its list of convictions. According to the DMV, "wet reckless" convictions have accounted for more than 8% of all convictions in recent years. When those are subtracted from conviction rates, the conviction rate is reduced to around two-thirds of the arrest rate. A Criminal Defense Lawyer can help drivers avoid the serious repercussions of a DUI conviction by negotiating a wet reckless conviction or asserting a winning defense. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

DUI Injury Statistics in California

We always advise drivers to make informed decisions so that they do not need the services of a Criminal Defense Attorney. After drinking, having a designated driver or taking a taxi reduces the number of injuries and deaths caused by DUI-related incidents.

According to the California Department of Motor Vehicles, 1,197 alcohol-related traffic fatalities occurred in 2013, accounting for 38.6% of all traffic fatalities. Alcohol-related traffic incidents caused 23,178 injuries in the same year, accounting for 10.4% of all traffic accident injuries.

Keep in mind, though, that if one of the drivers has a BAC of 0.08 percent or higher, the DMV considers the crash to be "alcohol-related." Statistics alone cannot decide if the driver with the prohibited BAC actually caused the accident or if the prohibited BAC actually led to the accident. What makes public intoxication preferable to DUI?

A DUI is a serious driving-related criminal offense that can have far-reaching consequences in your life. When you've had a DUI:

  • Your driving privileges have been revoked.
  • There is a mandatory term to prison.
  • The cost of fines and penalties can easily reach thousands of dollars.
  • You'll be on probation for 3-5 years and must attend lengthy court-ordered traffic courses.
  • Your DUI will result in "points" on your driving record, which will have an effect on your insurance and possibly your future job opportunities.
  • None of these drawbacks apply to being drunk in public. Public intoxication is a criminal charge, but it is not a driving-related felony, so you won't get any points, and your license won't be taken away.

DUI charges are, above all, "priorable." As a result, a second DUI charge brings much more severe penalties than a first DUI charge. However, being intoxicated in public does not count as a DUI offense, so you can avoid the additional fines if you are ever arrested for DUI again.

How do I get my DUI reduced to a charge of being intoxicated in public?

For most DUIs, public intoxication is not a typical plea bargain. It can, however, be made available in the following circumstances:

  • You were discovered unconscious in your vehicle. While it is not legally illegal, parking on the side of the road (rather than in a parking lot or at home) will result in a DUI fee. Prosecutors often struggle to prove this type of case, so they can give public intoxication as a bargaining chip.
  • You have good reason to believe you weren't driving. In some situations, the "no driving" defense can be effective, particularly if officers arrested you after the fact (not while you were in your vehicle). In these situations, you could be given public intoxication as a bargaining chip.

Both plea bargains necessitate deft negotiating with the prosecutor. If you do not have a Criminal Defense Lawyer, the prosecutor will be unable to negotiate at all because they believe they would be able to prosecute you in court. The first and most significant step in getting your DUI fee reduced is to hire a Criminal Defense Lawyer.

Why Do You Hire A Criminal Defense Lawyer?

Challenges to the position of the alleged intoxication challenges to the facts used to prove intoxication, and challenges to the probable cause asserted in the case are all defense methods that can be used on your behalf. These are critical factors to consider in any case of public intoxication since even the tiniest information will significantly influence the outcome. Since the venue was legally not public, an arrest made at home or in the privacy of your hotel room cannot result in charges of public intoxication.

In this type of scenario, insufficient proof may also be a major factor. Many law enforcement officers are trained to respond quickly, which can lead to an arrest for public intoxication when a person is simply buzzed. The allegations that have been brought against you can be effectively contested if they were made with inadequate means or without probable cause. As a result, it's important that your Criminal Defense Lawyer examine the circumstances surrounding your formal charge. It can be argued that evidence was fabricated against you if it can be proved that an unlawful search or detention was performed without the officer directly observing a breach of the law.

Find A Public Intoxication Lawyer in Los Angeles

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to an experienced Criminal Defense Lawyer that's the best fit to handle your unique case. Contact us through our 24/7 live chat (or complete our case submission form) for a free initial consultation.