Drunk in Public / Public Intoxication
Penal Code Section 647(f)
This crime is commonly charged under Penal Code Section 647(f). The elements are the following:
- That the Defendant was willfully under the influence of alcohol/drugs; and
- The Defendant was in a public place; and
- The Defendant was unable to care for himself or others OR obstructed a road or sidewalk because he was under the influence.
Defenses: Someone can be intoxicated but not so intoxicated as to present a threat to himself or others. This is a point that can be argued with the District Attorney.
Contact Orange County defense attorney Katie Walsh if you need help with Drunk in Public/Public Intoxication or any other criminal matter.