Public Intoxication
If you or someone you know has been arrested for being drunk in public in Butte County, it’s important to understand the charge and what it really means under California law. At our Chico-based criminal defense law office, we help clients navigate charges like these with the goal of protecting their rights, their records, and their futures.
What Is Public Intoxication Under California Law?
Under California Penal Code section 647(f), it is a misdemeanor to be willfully under the influence of alcohol or drugs in a public place, to the degree that you are unable to care for your own safety or the safety of others, or when your behavior interferes with or obstructs public ways.
This means that simply being drunk isn’t enough to be charged — you must be so intoxicated that:
You are a danger to yourself or others, or
You are blocking or interfering with public spaces, like sidewalks or roads.
Common Scenarios
In a college town like Chico, especially near downtown areas, public intoxication arrests can happen. These charges often arise from:
Weekend bar visits or pub crawls
Frat parties or campus events
Misunderstandings with law enforcement during loud gatherings
Situations where someone is found passed out or stumbling in a public space
Consequences of a 647(f) PC Conviction
While drunk in public is a misdemeanor, it should not be taken lightly. A conviction can lead to:
Up to 6 months in county jail
Fines up to $1,000
Probation
A criminal record, which could impact employment, housing, or educational opportunities
Defending Against a Public Intoxication Charge
An experienced defense attorney can often challenge a 647(f) charge with one or more of the following arguments:
You weren’t in a public place — “Private property” doesn’t count under the law. Just remember: What does and doesn’t qualify as “private property” is sometimes a tricky question.
You weren’t actually intoxicated — Appearances can be deceiving, especially in medical emergencies.
You weren’t a danger to yourself or others — Peaceful behavior, even while drunk, may not meet the legal threshold.
Police violated your rights — For example, if there was an unlawful arrest or no probable cause.
In some cases, we can work to get charges dismissed entirely or help clients qualify for diversion programs that allow for a clean record after successful completion.
Contact a Chico Defense Attorney Today
If you’re facing a public intoxication charge under Penal Code § 647(f) in Chico or the surrounding area, contact Davis W. Hewitt to schedule a free 30 minute in-person consultation.
