Drunk in Public: Penal Code 647(f)

In California, in order for you to be convicted of this offense the prosecution must prove that 1) the person intentionally was under the influence of alcohol, drugs or both; 2) the person was in a public place; 3) the person was unable to exercise care for his or her own safety or the safety of the public; or 4) the person was under the influence that he or she interfered with, obstructed or prevented the free use of as street, sidewalk or another public way.

Simply being drunk in a public place is not an offense if either one from above is not satisfied.


In California, public intoxication is a misdemeanor. A person convicted of this offense may a maximum sentence of 6 months in county jail and/or a fine up to $1,000.

Once convicted it will be on your record and may affect your chance in getting a job. Hire The Law Office of Danny Saleh to fight these charges against you.


There are a few defenses a criminal defense attorney could attempt in order to get your charges dismissed. They are: 1) the person is not in a public place; 2) Insufficient evidence that the person was intoxicated; 3) The police violated the person’s civil rights; 4) the person did not intentionally ingest alcohol.

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