Public Intoxication: A Rundown

Being drunk in public isn’t automatically a crime in California—but it can become one under certain circumstances. As a California criminal defense attorney, I often speak with people who are surprised to learn they’ve been arrested for public intoxication when they weren’t causing a fight or committing any other obvious offense.

So what actually qualifies as public intoxication under California law? Let’s break it down.

California Penal Code § 647(f) defines the misdemeanor offense of disorderly conduct by public intoxication as occurring when a person is found in any public place under the influence of intoxicating liquor in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. Importantly, being intoxicated alone is not enough.

As used in § 647(f), a public place is a place that is open and accessible to anyone who wishes to go there. What about in a parked car? In People v. Belanger (1966) 243 Cal.App.2d 654, 657, the court held that the defendant was in a public place when he was found sitting in a parked car on a public street.

Potential penalties for public intoxication include:

• Up to 6 months in county jail

• Fines

• Informal (summary) probation

Do You Need a Lawyer for Public Intoxication?

Even though it may seem like a “minor” charge, a public intoxication conviction can still appear on background checks and affect employment, licensing, or immigration status.

If you or a loved one has been charged with public intoxication in California, speaking with a criminal defense attorney early can make a significant difference in the outcome.