Our Law Firm vigorously defends all charges of public intoxication, drunk in public and all other alcohol related crimes in California including Redondo Beach, Manhattan Beach, Hermosa Beach, Los Angeles County. We can go to Court for you on your public intoxication citation or arrest and fight the allegations. We have nearly a ninety percent win rate on all drunk in public offenses and we can help you keep your record clear.
The crime of public intoxication requires that the prosecution prove that the defendant was so intoxicated that he or she could no longer care of the safety of themselves or are a danger to the general public. The offense is codified in Penal Code section 647(f). Public intoxication is a misdemeanor but can be reduced to an infraction with the help of a defense lawyer. In many cases, a lawyer can go to Court for the client thus saving the person unneeded humiliation, embarrassment and the expense of travel and taking off time from work, Public intoxication can also be dismissed completely using various defenses and a criminal defense attorney should be contacted for a consultation.
As part of a public intoxication or drunk in public arrest, the police will sometimes give very basic field sobriety tests to substantiate their conclusion that the person arrested was in fact intoxicated. However, intoxication alone is insufficient to support a conviction for PC647f. What is often missing from the investigation is any objective chemical test evidence such as blood tests, urine tests or breath alcohol test. The absence of some forensic scientific corroboration of the officer's opinion can be capitalized on by an experienced criminal defense lawyer to secure a dismissal or other favorable disposition to a public intoxication charge.
One frequently recurring issue within the context of this offense is the situation where an individual is arrested just outside their home, private yard or on their patio. It is not uncommon for law enforcement to respond to a call to someones residence and encounter the individual who likely had been drinking within the privacy of their house. The officer will use a ruse to get the person outside then arrest then for public intoxication. This type of a case can be successfully defended with the use of an attorney.
A common belief when it comes to this particular offense is that it is enough to be "under the influence" or merely inebriated. The fact of the matter is that public intoxication requires a substantially higher level of insobriety as compared to that of being legally under the influence for purposes of DUI. Simply being above the state maximum limit of .08 blood alcohol level is not enough to be convicted of public intoxication or drunk in public.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
