In California, public drinking is normally illegal. In other words, one may not drink alcoholic beverages in a public space. This is because public intoxication may lead one to act disorderly or disruptively. Unfortunately, many individuals are unaware of these laws and do not know about them until too late, and they are facing criminal charges.
What is Public Space?
Public space is any place that is open for anyone to use and enjoy. Examples of public spaces where it is likely illegal to drink an alcoholic beverage may include:
- Sidewalk
- Public Park
- Roads
- Beaches
- Moving vehicles
- Street corners
- Parking lots
Public Space Does Not Include:
- One’s own home
- A friend’s home
- A restaurant, bar, or tavern
Any alcoholic beverage one opens, partially drinks, or breaks the seal in all of these spaces is unlawful. This does not apply if one recycles the container or obtains a license for alcoholic beverages. Unless underaged, drinking alcohol at a licensed bar, restaurant, or tavern is perfectly legal. Individuals caught drinking while under 21 will face different charges.
What Does it Mean to be Drinking and Disruptive?
While there is no technical or legal definition for being disruptive, law enforcement and the judge can use their best judgment when determining the sentence. However, some common examples of being disruptive in public while intoxicated may include the following:
- Excessive shouting
- Arguing
- Rudeness
What is California Penal Code 647?
California Penal Code 647 establishes that it is illegal to be drunk or under the influence of a controlled substance in public. It classifies the act of doing so as a misdemeanor.
To prove that one is guilty of breaking California Penal Code 647, the state has to prove the following:
- The accused was willfully under the influence of alcohol or a controlled substance.
- When the accused was under the influence, they were in a public space.
- The accused had little or no regard for their safety or the safety of others.
- The accused interfered with others’ ability to utilize or enjoy the public space.
The prosecutor must prove all these points to prove that one is guilty.
Punishments for Public Drinking or Intoxication
The punishments for public drinking or substance use will likely depend on the severity of the situation. There is a hierarchy for the possible punishments, which are the following:
Disruptive Public Drinking or Intoxication.
If one is under the influence and is being disruptive or endangering themself or others, they could be liable for a misdemeanor charge. Additionally, they can be penalized with:
- Spend six months in jail
- Pay $1,000 fine
The judge may decide that the charged person can do community service rather than pay the fine in some instances.
Underage Possession of Alcoholic Beverages
While it is still a misdemeanor, the charges for public intoxication are not as severe for individuals under the age of 21. If they are a first-time offender, the charges will likely be one or both of the following:
- Between 24 and 32 hours of community service
- Pay $250 fine
However, if the underage person is a repeat offender, then the penalties may be worse and maybe one or both of the following:
- Between 36 and 48 hours of community service
- Pay $500 fine
Infraction: Possession of Open Alcoholic Beverage in Public
A simple open container of alcohol in public is a minor offense. There is no risk of jail time with this charge. However, there may be a fine of up to $250.
It is also worth noting that receiving a misdemeanor for public intoxication may negatively impact one’s immigration status. Immigrants who break the law while under the influence of drugs or alcohol may cause them to be deported or be deemed inadmissible.
What are Some Defenses for Public Drinking?
Possession of the container was for recycling.
If the police catch an individual possessing an empty alcoholic beverage container while taking it to the recycling and the manner they are acting is not disorderly, then the charges can be dropped.
While it is a public space, there was a valid license for alcohol to be there.
Some public spaces may allow businesses to host events and serve alcohol. If that is the case, it is perfectly legal to drink alcohol on the premises.
For instance, it is typical for carnivals or fairs to rent or lease public space for their event. Under normal circumstances, it would be unlawful to drink an alcoholic beverage on the premises. However, in carnivals and similar events where they are serving alcohol, the business was likely able to obtain a license for the event. If that is the case, likely, one will not face public intoxication charges.
Underage possession occurred because of instructions given by an adult over the age of 21.
If someone under 21 possesses alcohol, but it is because an adult over 21 asked them to, the prosecutor may drop the charges. This is only applicable if the person under 21 did not drink the alcohol.
The land where one was consuming alcohol was not a public space.
If the consumption or disruptive conduct was, for instance, in the privacy of one’s own home or yard, then it may be possible to use this defense and get the charges dropped. Public intoxication charges do not hold if it was at one’s personal property or private space.
For instance, if one were drinking an alcoholic beverage in their yard and then they began making enough noise to disturb the neighbors, the charge would not be public intoxication; it is more likely that the charge would be for nuisance.
The accused was involuntarily intoxicated, i.e., they did not make the willful decision to consume alcoholic beverages or drugs.
In some instances, individuals are served beverages without realizing they contain alcohol. This may be due to a lack of knowledge when ordering or someone else’s fault. If either is the case, it may be possible to get the charges dropped. If someone knowingly deceives someone else into drinking alcohol, it may be possible to press charges against them instead.
No interference took place.
If there was no interference, then there is nothing that the prosecutor can use to press charges of public intoxication. If law enforcement press charges of disruptive public intoxication, it may be good to collect evidence from the day in question.
Contact Pride Legal
If you or a loved one has been charged with public intoxication or drinking in public, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.