Drunk in Public
Written by
Attorney Darren T. Kavinoky
Legal problems relating to alcohol are not limited to
drunk driving, DUI, or DWI arrests. Even a
pedestrian can run afoul of the law due to
excessive
alcohol consumption. This offense is commonly known
as being "drunk in public."
The criminal charge being of "drunk in public"
actually requires more than a person being drunk and
being in public: the legal standard usually requires
that a person be so drunk as to be a danger to
themselves or others before the law will intervene.
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 California's
drunk in public law is typical of those
around the country. California Penal Code
Section 647 (f) provides that it is illegal
to be in any public place under the influence
of intoxicating liquor (or combination of
liquor and drugs), in such a condition that
he or she is
unable to exercise care for his
or her own safety or the safety of others, or
by reason of his or her being under the
influence of intoxicating liquor (or drugs),
interferes with or obstructs or prevents the
free use of any street, sidewalk, or other
public way.
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If the offending
party is under the influence of alcohol only, as
compared to being
under the influence of drugs or a
combination of alcohol and drugs, the officer may
seek to place the arrestee in "civil protective
custody" for 72-hours. This time will be used to
evaluate the "inebriate" and will be a bar to further
prosecution.
California's laws relating to people who are
accused of being drunk in public are fairly typical
of laws around the country. However, if you or
someone you care about is charged with any alcohol or
drug related offense, it is critically important that
you
contact a lawyer in your jurisdiction to give you
advice.
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