If you’re visiting California and find yourself facing a public intoxication charge, you may be surprised to learn that simply being drunk in public is not enough to be convicted. Under California Penal Code §647(f), public intoxication becomes a criminal offense only when:
You are unable to care for your safety or the safety of others, or
You are interfering with or obstructing public pathways (such as sidewalks, streets, or parks)
In other words, appearing intoxicated alone isn’t a crime — the law targets those whose behavior puts themselves or others at risk, or who are disrupting public order.
What Is Considered a “Public Place”?
California law defines “public place” broadly. It includes:
Sidewalks, streets, beaches, parks, and public transportation stations
Bars, restaurants, hotels, shopping centers, and other businesses open to the public
Hallways in hotels or apartment complexes
Vehicles parked on public roads
Essentially, any area open to public access could qualify.
What Penalties Can a Tourist Face?
Public intoxication in California is a misdemeanor offense. Penalties may include:
Up to 6 months in county jail
Fines of up to $1,000
Summary probation, community service, or mandatory alcohol education classes
If this isn’t your first public intoxication offense, penalties can become more severe. A third conviction within 12 months may lead to mandatory jail time — although alternatives like court-ordered alcohol treatment may be available.
Drunk Tank / Civil Protective Custody: Not Always a Criminal Charge
California allows law enforcement to place intoxicated individuals in civil protective custody — commonly known as a “drunk tank” — instead of filing criminal charges.
You may be held for up to 72 hours in a sobering facility
No court case or criminal record follows if no formal charges are filed
This is more likely if you are cooperative and not violent or disruptive
This option is often used with tourists or first-time offenders to avoid unnecessarily harsh legal consequences.
Legal Defenses for Public Intoxication
There are several potential legal defenses if you’re charged with public intoxication:
You weren’t in a public place – The incident may have occurred on private property or in a space not considered public under the law.
You weren’t intoxicated to the required level – Being tipsy or buzzed doesn’t meet the legal threshold for public intoxication.
You weren’t a danger or obstruction – If you were in control of your actions and not blocking public access or endangering others, the charge may not hold.
You were unknowingly drugged or intoxicated – If someone spiked your drink or you consumed something without your knowledge, your actions may not have been voluntary.
The arrest was unlawful – If police violated your constitutional rights during the arrest (e.g., no probable cause), the charges could be thrown out.
An experienced criminal defense attorney can analyze your case and determine the best strategy to fight the charge or reduce its impact.
Long-Term Consequences
Even a misdemeanor public intoxication charge can carry lasting effects:
Criminal Record – Unless expunged, the conviction may appear on background checks, affecting employment, housing, or licensing.
Immigration Status – Non-citizens should be especially cautious, as criminal convictions may impact visa renewals, green card applications, or admissibility.
Expungement – In many cases, you can petition the court to expunge your record once you’ve completed probation or your sentence. This clears the conviction from most background checks.
Tips for Tourists and Out-of-State Visitors
Avoid drinking in public areas unless it’s a permitted event or licensed venue.
Stick with friends or companions who can help you get home safely.
Know your limits, especially in unfamiliar surroundings or warm climates.
Stay on private property if you’ve been drinking heavily — hotel rooms and private residences are safer places to sober up.
Contact a California criminal defense attorney immediately if you are cited or arrested. Do not make statements to law enforcement without legal representation.
Frequently Asked Questions (FAQs)
Can tourists be charged with public intoxication in California?
Yes. Anyone, including non-residents, can face charges if they’re intoxicated in a public place and either pose a risk or obstruct others.
Is jail time mandatory?
Not always. Many cases result in probation, diversion, or protective custody instead of jail — especially for first-time offenders.
Can I clear this from my record?
Yes. Most public intoxication convictions can be expunged once you’ve completed probation or served your sentence.
Will this affect my immigration status?
It could. While public intoxication alone is not typically a deportable offense, any conviction could raise issues with immigration authorities.
What should I do after being arrested?
Remain calm, do not resist, and request an attorney. Avoid discussing the incident with officers until your lawyer is present.
Final Thoughts:
Don’t Let a Vacation Mistake Ruin Your Record. If you’re a tourist or visitor and find yourself charged with public intoxication in Southern California, you may feel overwhelmed, embarrassed, or unsure of what to do next. These charges can have real legal consequences — but with experienced legal help, you may be able to avoid a conviction or keep the charge off your record entirely.
Contact Southwest Legal Today
At Southwest Legal, we’ve helped tourists and out-of-state clients resolve public intoxication and alcohol-related charges. Whether you’re facing a citation or arrest we can step in to:
Fight your charges
Minimize penalties
Protect your record
Appear in court on your behalf (in many cases)
Don’t wait until it’s too late — contact us now for a free consultation and let us protect your rights, your record, and your peace of mind.
