Being arrested for public intoxication in California can be an intimidating and confusing experience. Many people believe it’s just a minor inconvenience, but in reality, a public intoxication arrest can carry serious legal and personal consequences.
This guide explains what happens after a public intoxication arrest in California, what to expect from the legal process, your rights, possible defenses, and how a skilled defense attorney can help you protect your future.
Arrest or Citation
In California, public intoxication is charged under Penal Code § 647(f). A police officer may either arrest you or issue a citation, depending on the circumstances. In many cases, officers choose to detain someone for safety reasons—especially if the individual appears unable to care for themselves or poses a risk to others.
Sometimes, individuals are taken to a sobering facility rather than jail, especially if no other crimes were involved. This is considered civil protective custody and not a criminal arrest, but the line between the two can be blurry.
Booking and the Pre-Trial Process
If you’re formally arrested, you will be taken to jail for booking, which includes fingerprinting, taking your photograph, and recording personal information. Depending on your behavior and condition, you may be released after sobering up or held until a court date is scheduled.
Your first court appearance is called an arraignment. This is where the charges are formally presented, and you enter a plea. In many first-time or low-level cases, the court may offer a diversion program in place of jail time or fines.
Understanding the Charges
To be convicted of public intoxication under Penal Code § 647(f), the prosecution must prove:
You were willfully under the influence of alcohol or drugs,
You were in a public place, and
You were either unable to care for your own safety or were interfering with the use of public streets or sidewalks.
It’s important to note that just being drunk in public isn’t enough. The behavior must reach the level of posing a danger or being disruptive to others or public infrastructure.
Possible Legal Defenses
There are several potential defenses that can be used to fight a public intoxication charge. These include:
You were not actually in a public place,
You were not a danger to yourself or others,
Your intoxication was not voluntary (e.g., someone drugged your drink),
The police violated your rights during the arrest or misapplied the law.
An experienced criminal defense attorney can evaluate the details of your case and identify the best strategy to pursue a dismissal or reduction of charges.
Penalties if Convicted
Public intoxication is a misdemeanor in California. If convicted, the potential penalties include:
Up to 6 months in county jail,
A fine of up to $1,000,
Informal (summary) probation,
Mandatory participation in alcohol or drug education programs.
For individuals with multiple public intoxication offenses within a 12-month period, the penalties can become harsher. The court may require a minimum 90-day jail sentence, though treatment programs may be offered as an alternative in some situations.
Diversion Programs and Alternative Sentencing
California courts often offer diversion programs for individuals charged with non-violent offenses like public intoxication. These programs can include:
Alcohol or drug education classes,
Community service,
Counseling or rehabilitation.
Upon successful completion, charges may be reduced or dismissed, helping you avoid a criminal conviction on your record. These alternatives are especially beneficial for first-time offenders.
Plea Negotiations
In some cases, your attorney may negotiate with the prosecutor to reduce the charge to an infraction or a less serious offense. Depending on the facts of your case and your criminal history, this could mean no jail time and a smaller fine.
You may also be eligible for deferred entry of judgment, where your case is dismissed after completing certain conditions, like attending a substance abuse program.
Long-Term Consequences of a Conviction
Even though public intoxication is a misdemeanor, a conviction can have lasting consequences:
A permanent mark on your criminal record,
Difficulty securing employment, housing, or professional licensing,
Possible immigration consequences for non-citizens.
That’s why it’s critical to fight the charge or negotiate the best possible outcome with the help of a knowledgeable attorney.
Expungement and Clearing Your Record
If you are convicted but successfully complete probation or fulfill the court’s requirements, you may be eligible to have your record expunged. An expungement allows you to legally state that you have not been convicted of a crime in most employment applications and offers a fresh start.
An attorney can guide you through the expungement process and determine when you’re eligible to clear your name.
What You Should Do Next
If you or a loved one has been arrested for public intoxication in California, don’t assume it’s just a minor charge. Even a misdemeanor can affect your life in major ways. From possible jail time to permanent damage to your record, this type of arrest requires skilled legal guidance. The good news is that there are options—diversion, dismissal, reduction of charges—and ways to fight the accusations.
Call to Action – Contact Southwest Legal Today
At Southwest Legal, we understand how overwhelming a public intoxication arrest can be. Our experienced criminal defense and DUI attorneys know the California court system and will fight to protect your rights, your reputation, and your future. Whether it’s negotiating a dismissal, securing a diversion program, or clearing your record through expungement, we’re here to help. Contact us today for a free, confidential consultation and take the first step toward putting this behind you.
