You were just trying to get home. Maybe you had a few drinks with friends or stayed out a little too late. You weren’t being violent. You weren’t bothering anyone. But now you’re waking up in a holding cell with a court date and a charge under California Penal Code 647(f) for public intoxication in Los Angeles.
Now you’re wondering, is public intoxication a crime in California? Will this show up on your record? And, most importantly, is it worth fighting? Below, we break down what public intoxication means, what the law requires, what the penalties look like, and how a defense attorney might fight your charge.
What Is Public Intoxication Under PC 647(f)?
647(f) PC (disorderly conduct), commonly known as public intoxication, is part of California’s broader disorderly conduct statute. It’s defined as being in a public place under the influence of alcohol, drugs, or a controlled substance to the degree that you are unable to care for your safety or the safety of others, or you interfere with, obstruct, or prevent others from using public spaces.
Being drunk in public isn’t inherently illegal. It’s illegal to be so impaired that you’re a danger to yourself or someone else, or you interfere with the use of public spaces.
To prove this crime, prosecutors must prove all of the following:
- You were in a public place;
- You were under the influence of alcohol, drugs, or both; and
- You were unable to exercise care for your own safety or the safety of others, or you interfered with activity in a public place.
Impairment alone doesn’t equal criminal conduct. However, law enforcement frequently makes arrests based on appearance and behavior, especially in bustling nightlife districts.
Is Public Intoxication a Crime in California?
Yes, being drunk in public in California is a crime, but it is charged as a misdemeanor, not a felony. That means it’s less severe than a felony but still comes with legal consequences.
A conviction under section 647(f) of the penal code may result in:
- Up to 6 months in county jail;
- A fine of up to $1,000; and
- Probation, community service, or alcohol education classes.
It can affect your criminal record, impacting job applications, background checks, and more.
If you’re asking whether public intoxication in Los Angeles is worth fighting, the answer is often yes. These charges are highly dependent on the personal judgment of an officer or bystander and are usually made with little evidence—such as appearance or behavior, rather than concrete proof.
What Counts As a Public Place Under 647(f) Penal Code?
Public places in California can include:
- Sidewalks, streets, and parks;
- Restaurant patios and outdoor venues;
- Public transportation, such as buses and bus stops or trains and train stations; and
- Apartment building lobbies or hallways (i.e., shared or common areas).
Even semi-private locations qualify if other people are using the space. The definition is broad, and it often favors law enforcement.
What the Arrest Doesn’t Tell You
Being intoxicated is not illegal. Only actions that are dangerous or disruptive are. Police often make these arrests late at night, based on a quick judgment and circumstantial misunderstandings. Examples of such misunderstandings include:
- You were sitting quietly, but were arrested anyway;
- You had a safe ride home lined up, but were stopped beforehand; and
- You were cooperating with no aggressive behavior, yet still charged.
Your attorney’s ability to highlight gaps in the arresting officer’s report that indicate erroneous assumptions can make or break your case.
Defenses
Several legal defenses can help get public intoxication charges dismissed or reduced. A skilled attorney may be able to argue:
- You were not in a public place. If you were on private property, the charge may not apply.
- You were not a danger to yourself or others. Quiet intoxication isn’t enough to convict.
- You were arrested unlawfully. Officers must have probable cause to detain you.
- You were not actually intoxicated. A medical condition or confusion could be misread as intoxication.
These defenses are more common than you’d think and often work, especially when the police report is vague or inconsistent.
Why Fighting a Public Intoxication Charge May Be Worth It
A misdemeanor might not sound like a big deal, but it can come back to haunt you in the following ways:
- It can appear on background checks for jobs or housing;
- It may affect future DUI or alcohol-related charges;
- It could result in court-ordered programs, costs, or jail time; and
- It can damage your personal and professional reputation.
Each case is different, shaped by particular circumstances and details that can result in diverse conclusions. Fighting the charge may lead to a dismissal, deferred entry of judgment (DEJ), or reduction to an infraction. When the facts are weak, prosecutors often agree to lighter outcomes.
Why Clients Trust Us with Their Public Intoxication Cases
At Esfandi Law Group, we’ve spent 25 years fighting for people accused of crimes, including misdemeanors and disorderly conduct. Led by Seppi Esfandi, a former public defender and UCLA School of Law graduate, we understand how these cases are prosecuted and how to beat them.
Our team is always accessible, provides fast callbacks, and offers flexible payment plans for clients who need real help, not pressure. We don’t judge. We guide, protect, and fight strategically for you.
If you’ve been charged with public intoxication in Los Angeles, it may seem minor, but the long-term consequences can be anything but insignificant. Let’s discuss your case, uncover the facts, and help you fight back confidently. Contact us today for a free consultation.
FAQs
Is Public Intoxication the Same As Drinking in Public?
Drinking in public may violate local ordinances, but it is different from public intoxication, which involves being dangerously impaired or disruptive in a public place.
Can I Be Arrested for Public Intoxication on My Own Property?
Technically, no. California’s public intoxication law only applies to conduct in public or publicly accessible places. However, shared spaces like apartment hallways may still be considered public places under the law.
Can Public Intoxication Be Expunged in California?
Yes. Under California law, you may qualify for expungement if you complete all sentencing requirements and haven’t committed additional crimes.
What Happens If I Ignore a Public Intoxication Charge?
Ignoring the charge can lead to a bench warrant, additional fines, and even arrest. It’s always better to address the case head-on, ideally with legal representation.
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