Just getting drunk won’t always lead to a charge of public intoxication. Where you are and the circumstances are important. Have you received an inebriated in public charge? You should find out more about it and how to handle the legal consequences with help from a professional Orange County defense attorney.
What Is Public Intoxication?
Public intoxication falls under Penal Code 647(f). The law indicates that anyone in a public setting who is voluntarily under the influence of drugs, alcohol, controlled substances, or any combination of those and cannot act safely for themselves and others can incur a charge of inebriation. Additionally, blocking walkways, streets, or other public passages while inebriated also can lead to this charge. Typically, this type of charge is a misdemeanor.
How Serious Is a Public Intoxication Charge?
Generally, a public inebriation comes with misdemeanor charges, which can result in up to six months in jail and a fine of up to $1000. However, some people can have even more serious consequences, especially if controlled substances were involved in the charge.
For example, non-citizens charged with intoxication in public while under the influence of a controlled substance could face deportation. Those seeking professional licenses for certain jobs that prohibit convictions of controlled substance use may not qualify or face losing their licenses.
Some universities may put requirements on admissions and scholarships that require no previous drug charges on record, and public intoxication involving drugs or controlled substances could cost these educational opportunities.
What Are Defenses Against a Public Intoxication Charge?
Common defenses against public intoxication charges include combating the three main points of this law required for a conviction. For a conviction, the person must have been intoxicated voluntarily, in a public setting, and causing a blockage of traffic or safety issues.
An example of a defense would be to prove that the defendant wasn’t in public. Someone who passes out drunk on the front porch of their home is on private property, and cannot have a public intoxication charge because they are not in public. If you have a public intoxication charge, you need to tell your lawyer everything that happened. Even a small detail could be vital to your defense.
Partner with Steven K. Bloom When You Need a Defense Attorney Who Works Hard for His Clients
If you have a charge of public intoxication, you need to know how serious it can be. This type of charge, especially if drugs were involved, could lead to immigration problems or social issues. With a conviction, you could face problems getting a job, keeping your current job, getting a professional license, renting an apartment, or staying in the country. Take charge by finding good legal counsel from someone experienced in California law. If you are in Orange County, contact the Law Office of Steven K. Bloom for an evaluation of your case. He takes the time to give each of his clients the most thorough defense he possibly can. Get Steven K. Bloom in your corner to help your legal case.
Sources
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.
https://www.ilrc.org/sites/default/files/resources/cal_chart-2005-04.pdf
https://skbesq.com/drug-crimes/
