what to ask a lawyer about drunk in public

by Opal Zulauf Published 2 years ago Updated 1 year ago 4 min read

There are a number of different strategies to deal with a drunk in public charge. The first thing to do is examine the evidence. A lawyer will ask the officer what they saw that made them think the defendant was drunk.

Full Answer

What happens if you get arrested for being drunk in public?

Oct 10, 2011 · Answered on Nov 08th, 2011 at 10:03 PM. Yes, I'd recommend you retain a lawyer. Anyone charged with an offense is presumed innocent until proven guilty beyond a reasonable doubt. Simply because a person is charged does not mean that they will ultimately be convicted. Anyone charged with an offense has a right to council.

Should I be worried about being charged with drunk in pubic?

Penalties for Drunk in Public. Drunk in public (Penal Code Section 647 (f)), is punishable by up to six months in jail and a maximum fine of $1,000. The court can also order probation, participation in clean and sober court, attendance at AA meetings, and abstinence from alcohol.

Do I need a lawyer to go to court?

Apr 29, 2015 · • Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. • Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Can I be charged with disorderly conduct for public intoxication?

Jul 05, 2012 · That office may very well decide to charge you with being drunk in public and you may get a notice to appear in court in the future. If you are not contacted by the district attorney's office within one year of the date you were detained/arrested, then you shouldn't worry. If you are actually charged with being drunk in pubic fight the case.

What constitutes as drunk in public?

Public intoxication, also called public drunkenness, is a misdemeanor crime that a person is visibly drunk or under the influence of drugs in public. These laws exist to prevent people from disturbing others in public and to remove people who appear to be unable to stop themselves from hurting themselves or others.May 12, 2020

What do you do if you see someone drunk in public?

Instead of filing formal public intoxication charges against you, police in California can do what's called “civil protective custody.” This is also known as “the drunk tank.” Police can hold you for up to 72 hours for observation and treatment.

Is it illegal to walk around drunk?

Even if just being drunk is not illegal, doing things while drunk can be. Driving while drunk is illegal, but so is walking in the street or road. Drunk people must stick to the sidewalk. Cyclists aren't “afoot or wearing in-line speed skates,” so they can't be drunk “pedestrians.”Jun 4, 2021

What is disorderly conduct alcohol?

Under this law, §647(f) of the penal code, anyone that is unable to exercise care for his or her own safety or the safety of others because he/she is under the influence of alcohol or any combination of alcohol and drugs can be arrested for Disorderly Conduct.

Is drinking in public a crime?

Drinking in public is illegal in most jurisdictions in the United States and this ban usually extends to include drinking within a moving car (related to drunk driving laws). In some places and circumstances, public alcohol consumption is accepted.

Can you go to jail for public intoxication?

How States Address Public Intoxication. Some states' laws reflect the feeling that because public intoxication disturbs the peace and harms society, it should be punished as a crime. In these states, public intoxication is often a misdemeanor, punishable by fines, jail time, probation, and community service.

What states can you walk around with alcohol?

7 Places You Can Legally Drink on the Street in the U.S.

Fredericksburg, Texas. Stacy Lorraine / Fredericksburg Texas Online. ...
Hood River, Oregon. Flickr / Jimmy Emerson DVM. ...
Las Vegas. Getty Images / Roger Ressmeyer/Corbis/VCG. ...
New Orleans. Flickr / Infrogmation of New Orleans. ...
Savannah. ...
Sonoma, California. ...
Memphis.

Can you be Drunkly disorderly?

Drunk and disorderly behaviour is classified as being drunk in a public place and behaving in a disorderly manner. In short, disorderly behaviour is defined as causing a public disturbance, something which the police can define at their own discretion.

What is drunk walking called?

reel. verb. to move in a way that is not steady, for example because of being drunk.

Can you go to jail for drunk and disorderly?

Being drunk and disorderly is a summary only offence, so it can only be heard in the Magistrates Court. It is also a non-imprisonable offence, which means the maximum penalty that can be imposed is a fine. The Court has no lawful power to impose either a Community Order or prison sentence for this offence.

How do you deal with drunk and disorderly?

Sparing a few minutes to engage the drunk in a friendly manner, could potentially distract them turning violent or worse. When you can, try to direct the drunk away from the disturbance. This can be done both physically and verbally. Remember safety should always come first, not just for others, but yourself also.Dec 22, 2018

Is 1203.2 a felony?

Penal Code 1203.2 PC is the statute that provides the rules for probation and probation violations in criminal cases. This includes: misdemeanor – or summary – probation (informal probation), felony probation (formal probation), and.

Can you go to jail for a drunk in public charge?

While a drunk in public conviction carries no jail time, it is important to avoid such a conviction as it will show up on background checks. In today's world, employment is a necessity and you certainly don't want a job application coming down to you and someone else who does not have such a conviction on their record. In Fairfax County, many drunk in public cases can be dismissed after doing community service with an agreement between your Lawyer and the Prosecutor. Be sure to hire a lawyer who is familiar with the local court procedures and, more importantly, is familiar with the prosecutors. If the charge is dismissed, you have no criminal conviction on your record and are also eligible for an expungement of the charge.

What are the two main issues presented with a drunk in public charge?

The two main issues presented with a drunk in public charge are whether the person was intoxicated and, if so, was that individual in a public place. If either of these elements is missing then the charge must be dismissed.

Is there a drunk in public charge in Fairfax County?

Unfortunately, the case is not yet resolved and there is a pending court date afterwards for this misdemeanor charge.

Is there jail time for a drunk in Virginia?

A conviction is a Class 4 Misdemeanor and is punishable by a fine of up to $250. As a result, there is no jail time for a drunk in public conviction (except for the initial arrest).

What are the symptoms of intoxication?

Generally, the symptoms of intoxication that the Court looks for are strong odor of alcohol, blood shot or glassy eyes, slurred speech, unsteady gait, trouble explaining what time or day it is and/or having trouble explaining where they're coming from or headed, having disheveled clothing, etc. In many cases, the officer will breathalyze the individual on the street to verify there is alcohol in the individual's system. This preliminary breath test is admissible at trial since it is not being used in a DUI investigation.

Can you be drunk in a public place?

If you are drunk in a private residence, or a private party, or your own house or garage you are not guilty of this crime. Unfortunately, some courts have determined that some very private areas- such as your own driveway or even your own yard or porch can be considered a public place.

What is considered a public place if you are drunk?

What is the objective level of alcohol in a DUI?

Though there is no requirement that the police present a certain objective level of intoxication (such as .08% Blood Alcohol level in a DUI case), this means that it is easy to challenge the police officer’s observations that you were intoxicated or inebriated.

Can you be drunk in a private house?

Can the police witness you?

The Police Must Personally Witness You. In the absence of a warrant, the arresting officer generally must witness you commit the crime in their presence. So if someone tells the officer that you are drunk in public or complains about you, and are arrested on that basis alone, you can fight your 647 (f) case. 5.

What happens if you are arrested without a warrant?

In the absence of a warrant, the arresting officer generally must witness you commit the crime in their presence. So if someone tells the officer that you are drunk in public or complains about you, and are arrested on that basis alone, you can fight your 647 (f) case. 5. You Must be Willfully Under the Influence of a Controlled Substance.

What is Drunk in Public?

You can be charged with being drunk in public if you are in a public place under the influence of intoxicating liquor, or any drug, controlled substance, toluene, in a condition that you are unable to exercise care for your own safety or the safety of others, or you interfere with or obstruct or prevents the free use of any street, sidewalk, or other public way.

Penalties for Drunk in Public

Drunk in public (Penal Code Section 647 (f)), is punishable by up to six months in jail and a maximum fine of $1,000. The court can also order probation, participation in clean and sober court, attendance at AA meetings, and abstinence from alcohol.

Related Offenses

If you are under 21, it is a misdemeanor to possess alcohol in public. (Business and Professions Code Section 25662)

Can you be arrested for public intoxication?

If you were arrested for public intoxication, you could be charged with a misdeameanor for disorderly conduct ; however, if the paper you received states detention only then, under California law, it is not considered an arrest. If the document you received further states no further proceedings then that tells me that no charges will be filed against you. This advise is, of course, predicated on the notion that the factual statements you provided below are accurate. If the facts as you describe them are correct, you should count yourself lucky and try to refrain from putting yourself in a situation that would result in you being arrested.

What happens if you don't show up in court?

If the papers your received from the police do not show a court date, the chances are you lucked out and will not be prosecuted and will not have a criminal record. However, the D.A. can still file charges against you within 1 year of your arrest. If they do, you will receive a letter from the court telling you when and where to appear in court.