Facing public intoxication charges can be challenging and stressful. Our team offers comprehensive legal help for public intoxication charges, ensuring you receive the best possible defense and guidance through the legal process.
Expert Legal Help for Drunk in Public Charges
Our experienced attorneys provide expert legal help for drunk in public charges. We understand the serious consequences these charges can have on your life and are dedicated to providing a robust defense to protect your rights and reputation.
Why You Need a Public Intoxication Attorney
A public intoxication attorney is crucial for effectively handling these charges. Here’s why:
- Specialized Knowledge: Our attorneys have in-depth knowledge of public intoxication laws and can craft a strong defense strategy.
- Protect Your Rights: We ensure your rights are protected throughout the legal process.
- Mitigate Consequences: With our expertise, we aim to reduce the penalties and long-term impact of the charges.
Steps to Defend Against Public Intoxication
Defending against public intoxication charges involves several critical steps. Our team is here to guide you through each one:
- Initial Consultation: Schedule a consultation with our drunk in public lawyer to discuss your case and understand your options.
- Case Review: We thoroughly review the details of your case to identify potential defenses.
- Evidence Gathering:Our team collects and analyzes evidence to build a strong defense.
- Court Representation: We represent you in court, advocating for your best interests and seeking the best possible outcome
Benefits of Hiring a Drunk in Public Lawyer
Hiring a drunk in public lawyer offers numerous benefits:
- Professional Guidance: Receive expert advice and guidance tailored to your case.
- Stress Reduction: A skilled lawyer handles your case, reducing your stress and uncertainty.
- Improved Outcomes: Increase your chances of a favorable outcome, such as reduced penalties or dismissal.
- Efficient Process: Our lawyers ensure the process is handled efficiently, saving you time and potential legal complications.
Understanding Public Intoxication Laws
Public Intoxication or “Drunk in Public,” California Penal Code 647(f), is a conviction on your record that you want to avoid if you possibly can. Drunk in Public may be charged in cases where a person is so drunk that they cannot care for their own safety. However, Drunk in Public also may be charged in cases where law enforcement has had an encounter with someone under the influence who has done something to upset the arresting officer.
Proving Drunk in Public Charges
To convict you of drunk in public, the district attorney needs to prove that:
- You were willfully under the influence of alcohol or drugs, and
- At the time you were under the influence, you were in a public place (this may include a front yard, driveway, or car parked in a public place), and either:
- Your level of intoxication made you unable to exercise care for your safety or for the safety of others, or
- Under the influence of drugs or alcohol, you obstructed, interfered with, or prevented others from using streets, sidewalks, or other public ways.
Key Points to Note
- The officer does not need to give you a blood alcohol concentration test (blood test or breathalyzer) at the time of arrest—in fact, they rarely do.
- Merely being drunk in public is not a crime; it’s only criminal when you become a safety risk to yourself or others and/or you interfere with other people’s right of movement in a public place.
Penalties, Punishment, and Sentencing for Drunk in Public, PC 647(f)
PC 647(f) is a misdemeanor. If you are convicted (by trial or plea), you face up to six months in a county jail, a maximum $1,000 fine, and informal probation. Penalties increase for convictions with priors.
Lesser Offenses You May Wish to Plead to
- Informal Diversion: If you complete a drug/alcohol program and/or community service, the district attorney may be willing to ultimately dismiss the charges against you.
- PC 374.3(a): Public urination/unlawful dumping of waste (if applicable)—an infraction punishable by a fine up to $1,000, but the standard fine for the first offense is $270.
- PC 415: Public Disturbance.
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If you plead to PC 415 as an infraction, then you face no jail time and no probation.
- If you plead to PC 415 as a misdemeanor, then you face a maximum of 90 days in jail, a maximum $400 fine, and the conviction is not considered a prior in case of future arrests for drunk in public.
- PC 370: Public Nuisance (a misdemeanor).
- PC 602: Trespass, either an infraction or a misdemeanor.
Frequently Asked Questions about Drunk in Public Charges
Q: What is public intoxication?
A: Public intoxication, also known as being “drunk in public,” is a charge for being visibly intoxicated in a public place, potentially causing a disturbance or posing a threat to oneself or others.
Q: What are the penalties for public intoxication?
A: Penalties can vary but may include fines, community service, probation, and in some cases, jail time, depending on the severity of the offense and any prior criminal history.
Q: How can a lawyer help with my public intoxication case?
A: A lawyer can provide legal advice, represent you in court, and work to reduce or dismiss the charges against you.
Q: What should I do if I am accused of public intoxication?
A: Contact a public intoxication attorney immediately. Professional legal assistance can significantly improve the outcome of your case.