What is Drunk in Public?
Drunk in public is being in a public place “under the influence” of alcohol, or any drug, controlled substance, or toluene (paint thinner). The person must be so intoxicated that:
- they are unable to exercise care for their own safety or the safety of others; or
- they interfere with or obstruct or prevents the free use of any street, sidewalk, or other public way.
A “public” place includes bars, restaurants, hotels, and any other places open and accessible to the public.
Penalties for Drunk in Public
The punishment for drunk in public (Penal Code Section 647(f)), is up to six months in jail and a maximum fine of $1,000. The judge can also order probation, participation in clean and sober court, attendance at AA meetings, and abstinence from alcohol.
Clean and Sober
The judge may order the defendant to attend clean and sober court. Clean and sober court restrictions include:
- No using drugs or alcohol, submit to regular testing;
- Prohibited from owning any weapons;
- Submit to search and seizure of property and residence, and random drug testing;
- No gambling until all probation fees and restitution is paid in full;
- Do not socialize with drug-using friends or anyone on probation or parole.
Drunk in Public Defense
Involuntary Intoxication
If the defendant did not intentionally use drugs or alcohol, they can claim a defense to drunk in public charges. This most commonly occurs when someone drugs the defendant by placing something in their drink.
Diversion
Diversion is available for most misdemeanor charges, including drunk in public.
Related Offenses
If law enforcement arrests you for being drunk in public, you could also face these related charges:
Minor in Possession
If you are under 21, it is a misdemeanor to possess alcohol in public. (Business and Professions Code Section 25662)
If you are a UCSB or SBCC student, you may qualify for the CASE (College Alcohol and Substance Education) program. Once you successfully complete the program, the judge will dismiss the charges against you.
The punishment for being a minor in possession is a fine of $250 or 24-32 hours of community service. The punishment for a second conviction is a maximum fine of $500 or 36-48 hours of community service.
A conviction for minor in possession can also have academic consequences, including academic probation.
Open Container
Most counties and cities in California have an ordinance that makes it illegal to have an open container of alcohol in public.
Under the Influence
It is unlawful to be “under the influence” of an illegal drug under Health and Safety Code ยง 11550.
Possession of Controlled Substances
Law enforcement almost always searches the defendant during the arrest process. If the defendant has a controlled substance (drug), law enforcement will also charge them with this offense.