CA Penal Code 647(f): Public Intoxication makes being drunk in public illegal. This misdemeanor charge can result in a jail term, high fines, and other penalties. A Los Angeles DUI lawyer can help you learn more about these charges.
A lawyer can also help you build a defense against public drunkenness allegations. You can get professional help understanding a PC 647(f) charge by contacting a criminal defense attorney for assistance.
What Leads to a PC 647(f) Arrest?
The police may arrest someone under PC 647(f) if they claim the individual was in a public space while under the influence of alcohol or drugs.
The police may act if the intoxication reaches a point where the person is unable to care for their safety or is endangering others. Suppose a bartender or server refuses to serve a patron additional alcoholic beverages because they are overly intoxicated and the person acts aggressively.
Those actions constitute toxic intoxication. A police officer may also issue an arrest if someone under the influence of drugs falls asleep on a sidewalk. While extreme, these are some ways to get a public intoxication charge.
Penalties for Public Intoxication
If the court convicts you of a misdemeanor, public intoxication is punishable by fines of up to $1,000 and six months in county jail. Many of these penalties will vary depending on your charges and defenses. Judges can also sentence you to summary probation instead of jail time.
The court may order you to do community service instead of paying a fine. You should speak with a criminal defense lawyer in California to discuss your potential penalties and how to fight them.
Public Intoxication and Immigration Consequences
Unfortunately, public intoxication can have negative immigration consequences. Non-citizens who commit certain crimes can face deportation, and others can lead to the person being inadmissible. Public intoxication convictions can be considered grounds for deportation.
However, there are many nuances to those actions. Crimes that can lead to deportation or inadmissibility must fall into these categories:
- Aggravated felonies
- Crimes of moral turpitude
- Firearm offenses
- Drug offenses
- Domestic violence crime
The state must prove that your crime is severe enough to qualify you for deportation. Subsequent offenses or combining public intoxication with an existing criminal record can lead California officials to take deportation actions.
If you are a non-citizen facing drunk in public charges, you must fight with the help of a California criminal defense lawyer.
Gun Rights and Drunk in Public Charges
Public intoxication convictions do not impact gun rights. However, that is not true for all convictions. Some misdemeanor or felony convictions can result in losing your gun ownership rights or a firearm ban.
If you face a firearm ban, it can last for ten years. The court will report the prohibition to the FBI. While violating public intoxication laws will not cause you to lose your gun or result in a firearm ban, it can impact you in other ways.
What Are Other Negative Consequences of a PC 647(f) Conviction?
A conviction under CA Penal Code 647(f): Public Intoxication can result in:
- The loss of your job
- The rejection of housing applications
- The loss of educational opportunities
You can even be denied a professional license and lose a scholarship. A conviction can also impact your social standing, as people may assume you are an irresponsible criminal.
Will You Lose Your License for Public Intoxication?
Generally, the Department of Motor Vehicles (DMV) and the court system will not issue a license suspension after a PC 647(f) conviction. However, you may lose your license if the police add additional charges after an arrest.
For example, the police may also accuse you of driving under the influence of alcohol. A criminal conviction for a DUI can result in months in jail, fines, and restrictions on your driving privileges.
California takes crimes involving alcohol or drug usage very seriously. Therefore, the professionals recommend contacting a law firm for help immediately after an arrest for any criminal charge. You can get legal representation 24/7 to build a strong defense.
Can You Expunge a PC 247(f) Charge?
A criminal record can impact your life in many ways, and if you have a public intoxication conviction, you can try to get the offense expunged. If you are successful, it absolves you of all penalties and disabilities stemming from the conviction.
Additionally, you will not need to disclose the conviction to a potential employer. These life-changing results can open doors that would have been closed by a criminal record.
How Do You Get an Expungement?
You must complete probation successfully when trying to get an expungement for a CA Penal Code 647(f): Public Intoxication conviction.
You can either complete felony probation or misdemeanor probation. Additionally, you must not be serving a sentence, changed with, or be on probation for a criminal offense.
You must finish your penalties before you can request an expungement. It is a very complex process based on meticulous details. When seeking an expungement, work with a criminal defense lawyer.
Fighting Public Intoxication Charges
An attorney can help if you face charges under CA Penal Code 647(f): Public Intoxication. The state must prove its case and show that you should face penalties for your actions.
There are some common defenses for public intoxication, like showing you were not in a public place. You can also argue that you were involuntarily intoxicated (forced intoxication by another party) or not creating an obstruction or interference.
The prosecution must prove you were willfully under the influence in a public place and endangered yourself or others.
Components of a PC 647(f) Charge
The two key components to focus on when fighting PC 647(f) charges are willfulness and the public. Under the law, willfully means that you willingly or intentionally did something, like voluntarily consuming drugs or alcohol.
Proving the consumption of these substances was an accident or by force can clear you of drunk in public charges.
A public place is also a vital element of these cases, and you must show the location was not open and accessible to anyone. Some examples of obvious and less obvious public places include:
- Barber shops
- Sidewalks and streets
- Business and entertainment venues
- A car parked on a public street
- Hallway in an apartment building
You can speak to a lawyer to discuss the methods available to build your defense.
How Does a Lawyer Resolve PC 647(f) Accusations?
An attorney may help you after a PC 647(f) arrest by:
- Working to get your charges reduced
- Taking steps to have the court dismiss your charges
- Fighting for your in court
Getting help immediately can improve your chances of building an effective defense, so don’t wait to contact a lawyer.
Charges Related to Public Intoxication
Public intoxication combined with other crimes can significantly raise the stakes. The three crimes often correlated to public intoxication are:
- Disturbing the peace
- Disorderly conduct
- Lewdness in public
- Driving under the influence
- Loitering to solicit the purchase of alcohol
Operating a motor vehicle while intoxicated is a crime under VC 23152. Your blood alcohol content (BAC) must be at or above 0.08% for a DUI charge. You may also face charges for driving under the influence of cocaine or other drugs.
Disturbing the peace encompasses a range of actions like fighting, using offensive words, or being unreasonably loud.
It is illegal to loiter around bars, restaurants, or establishments that sell alcohol to ask people to purchase alcohol on your behalf.
Talk to a Lawyer About PC 647(f) Charges
Any crime involving drugs or alcohol in California can upend your life, including CA Penal Code 647(f): Public Intoxication. Your best action is to consult an attorney about possible outcomes and ways to lower your charges.
You can call or complete our online contact form to learn more about how an attorney can help with all of your legal needs.
