If you’ve been arrested in California for being intoxicated in public, you may be confused about the exact nature of the charge. Was it public intoxication? Drunk in public? Disorderly conduct? These terms are often used interchangeably, but they each have specific legal definitions under California law. Understanding the differences can be critical to building a successful defense or avoiding lasting consequences. Whether you’re a concerned loved one or someone facing charges, this guide breaks down the distinctions, legal definitions, penalties, and defenses related to these common—but misunderstood—charges.
Legal Definitions Under California Law
Public Intoxication / Drunk in Public — California Penal Code § 647(f)
Under California Penal Code Section 647(f), public intoxication is defined as being willfully under the influence of alcohol, drugs, or a controlled substance while in a public place and either unable to care for your own safety or the safety of others, or interfering with the use of public areas such as sidewalks or roadways.
It is important to note that simply being drunk in a public place is not enough to be convicted under this statute. The prosecution must prove that your intoxication created a danger to yourself or others, or that you obstructed the use of a public area.
Disorderly Conduct — California Penal Code § 647
Disorderly conduct is a broader legal term that includes a variety of behaviors considered disruptive or offensive in public. Under California Penal Code Section 647, it includes acts like soliciting prostitution, loitering, lewd conduct in public, invasion of privacy (such as “peeping”), and public intoxication.
In this context, public intoxication is actually a subset of disorderly conduct under subdivision (f) of Section 647. So while public intoxication is a form of disorderly conduct, not all disorderly conduct charges involve intoxication.
Differences Between the Charges
Although these terms are related, they’re not legally identical. Here’s how they differ:
1. Terminology and Statutory Location
Public Intoxication and Drunk in Public are both terms used for violations under Penal Code 647(f). Disorderly Conduct refers to a broader set of behaviors covered under Penal Code 647, including public intoxication as just one possible offense.
2. Focus of the Charge
A public intoxication charge focuses specifically on being under the influence in a public place to the point of being a danger or nuisance. A disorderly conduct charge could involve intoxication, but may also involve unrelated conduct like lewd acts, unlawful loitering, or invasion of privacy.
3. Legal Requirements
In a public intoxication case, the prosecution must prove:
The person was willfully under the influence of alcohol, drugs, or both,
They were in a public place,
Their condition rendered them a danger to themselves or others, or they interfered with public access or activity.
For other forms of disorderly conduct, such as loitering or lewd conduct, the prosecution must prove different elements depending on the alleged behavior.
Potential Penalties and Consequences
Both public intoxication and disorderly conduct are misdemeanors in California. The penalties can be similar but may vary depending on the facts of the case, the defendant’s criminal history, and whether aggravating circumstances are present.
Penalties:
Up to 6 months in county jail
A fine of up to $1,000
Informal (summary) probation
Possible mandatory alcohol or substance abuse programs
Other Consequences:
A misdemeanor conviction on your permanent record
Potential job loss or difficulty obtaining employment
Difficulty securing housing or professional licenses
Immigration consequences for non-citizens
Driver’s license delays or suspension for those under 21
Legal Defenses
An experienced criminal defense attorney can raise several effective defenses depending on the details of the case:
Not in a Public Place
If the incident occurred in a private setting—such as a private residence, hotel room, or fenced-in yard—then the charge may not apply. The statute specifically requires the behavior to take place in a public area.
No Danger to Self or Others
The law does not criminalize mere intoxication. The prosecution must show that you were so impaired that you posed a safety risk or were obstructing public access. If no such danger existed, the charge may be thrown out.
Police Misconduct
If law enforcement officers acted without probable cause, violated your rights, or conducted an illegal stop or arrest, your attorney may be able to suppress evidence and have the case dismissed.
Involuntary Intoxication
If you were unknowingly drugged or given a substance without your consent, you may have a complete defense to the charge of willful intoxication.
Civil Protective Custody (Instead of Arrest)
California law allows officers to place individuals in civil protective custody for up to 72 hours in a designated sobering facility rather than arresting them. This is typically used when the person is only a risk to themselves and not committing other crimes. If this alternative was available and not used, it might help your defense.
How These Charges Affect Your Record
Even though these offenses are misdemeanors, they can carry lasting consequences. A conviction becomes part of your criminal record and may show up in background checks. Employers, landlords, licensing boards, and immigration officials may all take this into account when making decisions about your future.
If you’re under 21, a conviction can also affect your driver’s license eligibility. And if you’re not a U.S. citizen, drug- or alcohol-related charges can complicate or derail immigration proceedings.
Expungement and Clearing Your Record
If you’ve already been convicted, it’s not the end of the road. In many cases, a conviction for public intoxication or disorderly conduct can be expunged under California law. This means the case is dismissed after successful completion of probation or sentence, and you’re legally allowed to say you have not been convicted of that crime in most circumstances.
Expungement doesn’t erase the record entirely, but it can significantly improve your ability to move forward in life, particularly when applying for jobs or housing.
Final Thoughts
While public intoxication, drunk in public, and disorderly conduct may seem like minor charges, they can have a big impact on your life if not handled correctly. These charges are often the result of a one-time mistake, a misunderstanding, or even unfair treatment by law enforcement. As a criminal defense and DUI attorney, it’s critical to explain the nuances of these charges to your clients so they can make informed decisions.
Understanding the legal differences, potential defenses, and options for relief is the first step toward resolving the matter favorably and protecting your future.
Contact Southwest Legal Today
If you or a loved one has been arrested or cited for public intoxication, or any related offense in Southern California, Southwest Legal is here to help. Our experienced criminal defense attorneys have successfully defended hundreds of clients against these types of charges and can guide you through every step of the process. We know how to protect your rights, challenge weak evidence, and fight for the best possible outcome—whether that means dismissal, reduction, or a clean slate through expungement. Call us today for a confidential consultation and take the first step toward putting this behind you. We’re available 24/7 and ready to fight for your future.
