How to Fight a Public Intoxication Charge
If you were recently arrested for public intoxication, you may be wondering if there’s anything you can do to fight the charge. Fortunately, there are several options you can pursue in your defense.
In this article, we’re sharing some tips so you know how to fight a public intoxication charge.
Introduction
In an ideal world, public intoxication laws would only apply to people who are truly out of hand and causing a problem while under the influence of drugs or alcohol. But the reality is that this just isn’t always how things play out.
Law enforcement officers can and sometimes do make mistakes, misjudging someone’s intoxication level or even charging an individual based on personal bias. This can leave the individual affected struggling deeply affected and struggling to prove their innocence.
Here’s how to fight a public intoxication charge.
What is public intoxication?
Public intoxication laws serve a very important purpose: they help law enforcement officers keep the peace by preventing drunk and disorderly behavior. This, in turn, also prevents injuries, altercations, and other unwanted disturbances from being committed by people who may be under the influence of substances.
Most people understand the term “public intoxication” to mean being under the influence of alcohol within a public space. This is reasonably close to the legal definition under California Penal Code § [Section] 647(f); however, there are a few specific and important differences.
First, public intoxication laws don’t just apply to the aftereffects of alcohol. You can be charged with this misdemeanor if you are under the influence of virtually any intoxicating substance – including some prescription drugs.
Secondly, you must also willfully take the substance in question. You cannot be charged with public intoxication if you are drugged against your will or if you experience unintended side effects of a medication or medical condition (e.g., diabetes; high blood sugar can make people appear drunk and disorderly).
Thirdly, you have to be in a public space (somewhere that is open and accessible to all people a portion or all of the time, such as the street or park). You cannot be charged for being intoxicated in a friend’s home, a yard, or even in a private establishment – but you can be charged once you step outside those bounds.
It is also important to note that the simple experience of being intoxicated isn’t enough to qualify charges – you must be causing some kind of problem. Penal Code 647 describes this as being judged unable to care for yourself and others or somehow obstructing the free use of public streets/walkways.
For example, if you are so drunk that you are passing out in the middle of a streetway, you are not only unable to care for yourself but also obstructing the road. Thus, you could be charged with public intoxication.
These specifics also apply undesirable behaviors frequently associated with the use of illegal drugs. If someone uses methamphetamine or cocaine and becomes violent, for example, they can be charged with public intoxication. This is true even if they are experiencing unanticipated drug-induced psychosis because the individual willfully used the substance in question.
On the other hand, if you are quietly walking home after having a few beers at the local bar without bothering anyone, a charge of public intoxication would rarely be warranted. Charges are also unwarranted if you are loudly playing drinking games in a friend’s backyard – although your friend could run into noise ordinance issues.
How Serious is a Public Intoxication Charge?
Being charged with public intoxication can be very serious – so serious, in fact, that you may face many of the same consequences associated with a DUI. You may be left with a criminal record that renders it difficult to find work. If you cause some kind of harm or loss to someone else, that person may choose to sue you for damages.
If you are a public figure or business owner, and information about your charge is publicized, your reputation may suffer, too. This can have severe impacts on both you and your business or corporate entity.
As for consequences from the court, there are many. A judge may fine you a great deal of money, require that you complete community service via the Community Work Program (CWP). He or she may even force you into a drug and alcohol rehabilitation program. If this is your third or fourth offense, you could even receive jail time; however, sentences are generally short.
The bottom line is that any charge of public intoxication should be considered serious, whether it is your first or your fifth. With the right support, however, it is possible to fight this charge and prove your innocence.
How to Fight a Public Intoxication Charge
California Penal Code 647 gives arresting officers a significant amount of power to assess and judge someone’s level of intoxication before making an arrest. This is significantly subjective; it leaves much room for error. That’s why it’s so important to fight your charges whether you believe you are guilty or not.
The best way to fight a public intoxication charge is to immediately hire a criminal defense lawyer to help you protect your rights. It is ideal to do this while you are still in custody – in fact, a lawyer may be able to get you released faster. If you have already been released, it isn’t too late – a lawyer can still help.
Your lawyer will help you to identify the specifics and evidence in your case. He or she can also represent you in the courtroom and help you dismiss your charges.
Where to Find a Public Intoxication Lawyer
The best way to connect with a public intoxication lawyer is to reach out to a local attorney referral service. These services work by taking basic information about your case and cross-matching it to a database of vetted, proven lawyers.
Because they are licensed and regulated by the California Bar, you can trust them to always give you advice and matches that truly meet your needs.
Conclusion
Now that you know how to fight a public intoxication charge, you can move forward with confidence knowing you have options. For the best results, consider giving us a call for help finding the best lawyer for your needs.
If you have been charged under California Penal Code 647 – Public Intoxication, know that you don’t have to accept these charges lying down. You have rights as a citizen of California. Reach out to an attorney today to take the first step toward proving your own innocence.
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