Los Angeles Public Intoxication Attorney

What is Public Intoxication?

If you have been arrested under California Penal Code 647(f), a Los Angeles public intoxication attorney can challenge the charge before it turns into a conviction on your permanent record. At Manshoory Law, our public intoxication defense attorneys have built a track record of getting drunk on public charges reduced, dismissed, or resolved without jail time. Below, we explain how the law works in California, what penalties you could face, and the defenses our attorneys use to protect your future.

Unfortunately, law enforcement officers use this as a catchall provision to arrest anyone who is even slightly intoxicated.

Also, the crime of public intoxication does not require you to have any specific blood alcohol concentration, like in the context of DUI. So officers routinely conduct public intoxication arrests without having to administer a breath alcohol test or any field sobriety tests.

Public Intoxication Penalties in California

A conviction under Penal Code 647(f) carries real consequences, even though the charge is classified as a misdemeanor. Public intoxication penalties in California include:

• Up to six months in county jail
• A fine of up to $1,000
• Summary (informal) probation
• A permanent misdemeanor on your criminal record

Beyond the sentence itself, a public intoxication conviction can affect your immigration status, your ability to rent an apartment, your eligibility for professional licenses, and your current or future employment. Gun ownership rights are not affected by this specific misdemeanor, and expungement is possible once probation or jail time is completed, but the damage to your record happens the moment the conviction is entered. That is why working with an experienced public intoxication defense lawyer as early as possible is critical.

Why You Need a Public Intoxication Defense Attorney?

Many people assume a drunk in public charge is too minor to fight. That assumption is what leads to avoidable convictions. The prosecution must prove beyond a reasonable doubt that you were so intoxicated you could not care for yourself or others a subjective standard that is frequently challenged successfully in court.

A skilled public intoxication defense attorney knows how to scrutinize the arresting officer’s observations, identify rights violations, and negotiate with prosecutors for dismissals, reduced charges, or diversion programs. At Manshoory Law, we have defended hundreds of PC 647(f) cases across Los Angeles County, and we know which arguments and procedural challenges work in front of prosecutors and courts.

How Can I Defend Against this Charge in Los Angeles?

To convict you under Penal Code 647(f), the prosecution must prove the arrestee was “unable to exercise care for his or her own safety or the safety of others,” or that, by virtue of intoxication, you “interfered with or obstructed or prevented the free use of any street, sidewalk, or another public way.” A seasoned public intoxication defense lawyer will attack each of these elements individually.

Obtaining a guilty verdict will be a challenge for even the most seasoned prosecutor. Remember, the burden of proof is on the prosecution. It’s their job to prove beyond a reasonable doubt that you were so intoxicated you jeopardized your own safety, the safety of others, or that you obstructed a sidewalk.

There are several common defenses to employ against a public drunkenness charge. Your public intoxication attorney can argue that the law enforcement officer didn’t observe the arrestee for a long enough timeframe to come to that conclusion. He can also argue that the arresting officer didn’t rationally determine that the arrestee was drunk in public. Instead, the decision to arrest was based on an assumption or prejudice.

The drunk in a public lawyer can also argue that the officer didn’t properly attempt to determine the actual level of intoxication through such methods as conducting a breath alcohol test or having the arrestee perform a field sobriety test. Simply put, as long as the law enforcement officer doesn’t discover you passed out on a sidewalk, you and your drunk in public attorney have a decent chance of prevailing against the prosecution and not being found guilty of the California public intoxication law.

You Were Not Actually Located in a Public Place

Remember, the onus is on the prosecution to prove that the accused is guilty. So one area your guilt will hinge on is whether or not the prosecutor can make the case that you were drunk in a public place. The key here is defining what exactly constitutes a public place.

A public place should be considered any area that is open and accessible to anyone. That can range from businesses to entertainment venues to simply being outside on a street or sidewalk. If you’re drunk in your own home, law enforcement doesn’t have the standing to arrest.

You Were Not too Intoxicated to Care for Yourself

This can be a gray area for any officer or prosecutor to prove. Unless you are passed out on the ground or unable to stand or control your body, who is to say you’ve lost the ability to take care of yourself?

Your drunk in public attorney should paint a picture surrounding the circumstances prior to your arrest that either proves your ability to take care of yourself or, creates enough reasonable doubt on the arresting officer’s opinion that you were a threat to your own safety.

Your Rights were Violated by the Arresting Officer(s)

Under any scenario in which an arrest has occurred, the arrestee has certain rights. In many cases, the arrestee might not be aware of some or all of those rights. That’s why legal representation is so critical when you’ve been arrested. An experienced firm of public intoxication lawyers will ensure that your rights were not violated by the arresting officer.

You Were not “Willfully” Under the Influence

This standard can also be challenging for a police officer to determine at the scene and for the prosecution to make the case in court. They need proof that you chose, of your own while, to consume a specific amount of either alcohol or drugs to bring you to a level of intoxication. That’s the key – it had to have been your choice to do so.

Your public intoxication attorney can always argue that you were involuntarily inebriated. There are two standards in which that case can be made. You can claim that you unknowingly consumed an intoxicating substance, or, you can claim that you were tricked or coerced into consuming an intoxicating substance. You were not obstructing the use of a public way. Under this criterion, a public street or sidewalk is classified as a public way.

So where the arresting officer initially encounters you will go a long way in determining whether or not you were obstructing the use of a public way. Location will play a huge role in determining guilt or innocence. There is a significant difference between being passed out on a sidewalk bench than at a friend’s barbeque that got a bit too loud.

Speak with a Los Angeles Attorney

A drunk in public arrest is serious but it is also defensible. The Los Angeles criminal defense lawyers at Manshoory Law have the experience, the courtroom record, and the negotiation skills to fight for the best possible outcome in your case. Whether the goal is a full dismissal, a reduction, or alternative sentencing, our public intoxication defense attorneys will protect your rights at every stage.

Use the contact form or call now for a free consultation: (877) 977-7750

Contact Our Public Intoxication Lawyers today. Being arrested for anything is a serious matter. Our criminal defense law firm can provide you with an experienced Los Angeles public intoxication attorney to ensure that your rights aren’t violated and that receive proper legal representation.

Use the Contact form or Call now for a free consultation (877) 977-7750.

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