Absolutely. In fact, most police officers will arrest people they believe are drunk in public and take them to jail if they believe they are a safety hazard to themselves or to others. Sometimes the police officer may just give you a drunk in public ticket and let you go if you are with someone that can take you home safely.
CA Penal Code 647(f) is the law with regards to being drunk in public. You can face up to 6 months in jail and a fine up to $1,000 for this crime.
Yes, however you need to be more than just drunk in public. The law states that you need to be so intoxicated that you 1) are unable to exercise care for your safety or the safety of others OR 2) interfere with, obstruct, or prevent others from using streets, sidewalks, or other “public ways.” So, you can be drunk and in public as long as you can take care of yourself and you are not causing a safety hazard for others or basically not being so obnoxious you are lying on the sidewalk and people have to step over you.
However, oftentimes police officers may arrest you for this crime if you have a bad attitude with them or are being loud and obnoxious. This is when it is crucial to have a good criminal defense attorney to get your charge dismissed in court if you do not fall under the above situations that make it illegal or actually against the law to be drunk in public.
Yes, it is a misdemeanor charge and will go on your record as a misdemeanor conviction if you plead guilty or are found guilty.
It is not that serious in terms of criminal charges a person can face in Orange County, California. However, it is a misdemeanor and should not be taken lightly. You need a good defense attorney to get this charge dismissed or reduced to different infraction or ticket, such as being too loud in public.
Yes, just like any other misdemeanor charge, you can expunge this with the help of a good criminal defense attorney once you are off probation. And if you have a good criminal defense attorney to represent you in court, you should not even be placed on probation for this type of charge.
Yes, just like any other misdemeanor would.
You can be fined up to $1000 for a drunk in public ticket in addition to any court fees. That is why you need a good criminal defense attorney to fight for you and get your ticket dismissed or reduced.
Yes, a public place includes a bar, restaurant, night club, shopping mall, streets or sidewalks, and anywhere “outside a home in which a stranger is free to walk.”
There is no legal limit for public intoxication. So it doesn’t matter how much you actually drank. It only matters if you are so drunk you are a safety hazard to yourself or to others as mentioned above.