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Fighting Charges for Being Drunk in Public in San Diego

Earlier this summer, actor Miles Teller was reportedly arrested in Pacific Beach for being drunk in public. Teller was in town visiting a friend when he ran into a San Diego police officer shortly after midnight. The officer described Teller as visibly intoxicated, stating that he was slurring his speech, had difficulty keeping his balance, and almost fell into the street. Believing Teller was “unable to care for his own safety,” the San Diego police officer took him into custody.

It is not a crime to drink if you are over the age of 21. It is not a crime to be in public. When, then, does it become a crime to be in public while drunk? California has specific laws that explain which behavior can get you arrested for public intoxication.

Public Intoxication in California

California Penal Code Section 647f PC defines the crime of public intoxication. You can be charged with the crime of being drunk in public if you were willfully under the influence of drugs and/or alcohol while in a public place, and

  1. You were unable to exercise care for your own or another’s safety; or
  2. You were interfering with, obstructing, or preventing the free use of a street, sidewalk, or other path.

So, there are a few ways you can actually be arrested for being drunk in public. First, you can be arrested for being drunk in public if a police officer thinks that you are so drunk that you cannot safely care for yourself or others. Miles Teller was reportedly arrested for this reason. The San Diego police officer believed that he was so drunk that he could not safely care for himself.

Second, you can be arrested for being drunk in public if you are interfering with or obstructing public space. This basically means you can be arrested for lying on a sidewalk, standing in the middle of the street, or other behavior that makes it difficult or unsafe for others share that space with you.

Defining Public Space

You can only be arrested and charged with being drunk in public if you were actually in public. What qualifies as “public” for the purposes of the law? A location will be considered to be public if it is open to common or general use, participation, or enjoyment. It is important to note that other people do not have to be present for an area to be considered public. Examples of locations that will probably be considered public include:

  • Restaurants, bars, and clubs;
  • Beaches, museums, and parks;
  • Streets, sidewalks, and alleys;
  • Shopping centers and stores;
  • Lobbies and hallways of hotels and apartment buildings; and
  • Cars parked on public streets.

You may also be considered to be in a public space when you are in front of someone else’s home.

Punishments for Being Drunk in Public

What happens if you are convicted of a drunk in public charge? Being drunk in public is a misdemeanor in California. A conviction can be punished by up to six months in jail, a fine of up to $1,000, and/or summary probation.

What happens if you have more than one conviction for being drunk in public? When you have three drunk in public convictions within a one-year period the court has one of two options. Normally, the court will require you to serve a minimum of 90 days in jail. However, it can waive this sentence if you agree to (and successfully complete) 60 days in an alcohol treatment program. The facts and circumstances specific to your case will guide the court’s decision.

Fighting a Drunk in Public Charge

Just because you are arrested for being drunk in public does not mean you will be charged or convicted. The prosecution must prove each element of the offense. If they can’t prove one of those elements you cannot be convicted. When you hire an attorney, they will create a defense that can help to get you out of a drunk in public charge. Defenses that may be argued on your behalf include:

  1. You did not willfully become intoxicated;
  2. You were not actually intoxicated;
  3. You were not in a public place;
  4. You were taken from a private place into a public place against your will;
  5. You were not a threat to your safety or the safety of others; or
  6. You were not interfering with a public space.

If you have been arrested for being drunk in public do not hesitate to contact our San Diego criminal lawyers. We will immediately begin to create a customized defense to limit any negative consequences of your arrest. We offer an initial consultation so that you can learn about the crime you have been accused of committing and why it is important to fight criminal charges in court.

Law Office of Vikas Bajaj, APC

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Public Intoxication