California treats public intoxication as a severe crime that can result in fines and jail time. In some cases, police officers use breath tests before making an arrest. However, can you be charged with public intoxication without a test to measure your blood alcohol content (BAC)?
Law enforcement officers can charge you with public intoxication without performing a BAC test in California. Officers can make an arrest if they believe you’re under the influence of alcohol. You can learn more about these charges with a Los Angeles DUI lawyer.
Call or complete our online contact form to discuss public intoxication charges and possible defenses.
When Can the Police Charge You with Public Intoxication?
California Penal Code Section 647(f) makes it a crime to be drunk in public under certain circumstances. If a peace officer believes you have violated this statute, they do not have to conduct a breathalyzer test to charge you.
California’s legal codes mean an officer may arrest an individual if they:
- Are in a public place
- Appear to be willfully under the influence of alcohol or controlled substances
- Obstruct a public way (e.g., sidewalk, street)
- Show they are unable to care for themselves or others
Because the public intoxication law does not require alcohol to be the inciting substance, a chemical test isn’t necessary for the officer to make the arrest. You can be charged with public intoxication without a test.
What Happens After a Public Intoxication Conviction?
You can face severe penalties after a conviction for public intoxication. The police may hold you for public intoxication in some cases. The court may also treat this action as a criminal misdemeanor, and a conviction can result in:
- Fines
- Jail time
- Probation
- Community service time
It is possible to beat a public intoxication charge. You stand a better chance of overcoming this criminal charge with an experienced criminal defense attorney by your side.
Fighting a Public Intoxication Charge
Peace officers sometimes make mistakes when arresting individuals. It is possible that you do not meet one of the criteria under the public intoxication statute but still find yourself charged for the offense. When the peace officer makes a mistake, a strong defense is possible.
A criminal defense lawyer may argue that:
You Were Not in Public at the Time of Your Arrest
Legally, you can get drunk in a private area. Drinking at home, in a backyard, or on a front porch is not illegal in California. Officers may need to handle unruly individuals in these situations, but you should not face an arrest for being drunk in public.
You Were Not Willfully Under the Influence of Drugs or Alcohol
The statute requires that an individual can only be found guilty of a violation if they willfully ingested the alcohol or controlled substance that impaired their ability to act safely or caused them to obstruct a public way.
Individuals who were slipped drugs or otherwise tricked into consuming the intoxicating substance are not subject to conviction. If this behavior was induced as a side effect of a medication, you should not be subject to a conviction.
Likewise, certain medical conditions may cause an individual to appear intoxicated. If the police accuse you of public intoxication because of a medical condition or the side effects of a medicine, you should be able to beat the charge with a solid legal defense.
You Were Not Obstructing a Public Way
You must do something to obstruct the safe passage of others in that public way to face criminal charges. Stumbling into a street and causing drivers to swerve out of the way can count as an obstruction, even if you immediately return to the sidewalk.
Similarly, if you pass out in the middle of a sidewalk, you may be subject to the public intoxication charge. You may cite your location in a public street as part of your defense.
For example, if you were sitting on the sidewalk next to a building without obstructing the doorway, you could beat the charge and avoid a jail sentence.
You Were Able to Exercise Care for Yourself or Others
Penal Code Section 647(f) may apply if you engage in behavior that endangers your safety or the safety of the people around you. An individual walking into a street unsafely or threatening other people may face charges for public intoxication.
Being loud in public or having an open drink in your hand isn’t enough to invoke the law, though it can violate Business and Professions Code Section 25620, which is an infraction rather than a misdemeanor.
Lawyers Can Dispute Charges Made Without a Test
Because you may be charged with public intoxication without a test, evidence of your state will rely heavily on the testimony of the arresting police officer.
You may be convicted if the officer can convince a jury that you smelled of alcohol, you were unresponsive to the officer when they approached you, or you had watery, bloodshot eyes.
When you hire a lawyer with experience defending against public intoxication charges to protect you, you have someone in your corner making sure the justice system treats you fairly. You may be able to get a reduced punishment or even have the charges against you dropped.
Face Charges for Public Intoxication Made Without a Test
Can you be charged with public intoxication without a test? The police can charge you with this criminal offense without performing a blood alcohol concentration test. However, you can face this accusation with a criminal defense lawyer.
You can get more information about your next steps after a public intoxication arrest by calling or completing our online contact form.
