Drunk in Public (Legal Analysis of Penal Code 647f)

California criminal defense attorney Michael Scafiddi discusses the consequences of conviction for Penal Code 647 (f) drunk in public.

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California Penal Code 647(f) prohibits being "drunk in public". Simply put, you are "drunk in public" under California law if your level of intoxication makes you unable to exercise care for your safety or for the safety of others, or your level of intoxication interferes with, obstructs, or prevents others from using streets, sidewalks, or other "public ways".

A conviction for "drunk in public" can trigger probation, fines, and even incarceration. Worse still, a conviction will go on your permanent criminal record, and can be seen by prospective employers and licensing agencies. Therefore, it is advisable that you do everything possible to avoid this conviction.

Fortunately, there are a variety of defenses that a skilled California criminal defense lawyer could present on your behalf in an effort to reduce or possibly even dismiss your Penal Code 647(f) charge.

"Drunk in public" is sometimes interchangeably referred to as "DIP", "Public Intoxication", "Drunk and Disorderly", "Being Intoxicated in a Public Place", or "Under the Influence in Public". And while the crime has been around since the late 1800s, it has changed quite a bit.

Originally enacted in 1872, Penal Code 647 was California's "vagrancy" law. At that time, section 11 allowed for the prosecution of "common drunkards". After the courts ruled that the phrase "common drunkards" was unconstitutionally vague3, the California Legislature in 1961 rewrote what we more or less know as today's Penal Code 647(f).

During that revision, the Legislature turned Penal Code 647's "vagrancy laws" into crimes of "disorderly conduct". And...with particular respect to "common drunkards"...turned section 11 into subdivision "f" regulating public intoxication. This modification was designed to provide "'a uniform, definite standard for police control of the public drunk who is a nuisance to others and a danger to himself.'" When the state made that transformation, it clearly indicated its desire to take control of any laws relating to public drunkenness. As a result, any local ordinances that are more restrictive than California Penal Code 647(f) will be deemed invalid.

If you or a loved one has been arrested, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California