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Is it a crime to be drunk in public?
In this video, a former D.A. explains that it can be, but only if you are so intoxicated that you are unable to care for yourself and thus pose a danger to yourself and others.
Under California Penal Code 647f PC, the crime of public intoxication is a misdemeanor.
A conviction can trigger rogation, fines and up to 6 months in jail. Although people rarely do actual jail time for drunk it public, it does still give you a criminal record and can adversely affect employment and other opportunities.
Police are often quick to arrest people for public intoxication just because they are loud, rowdy or misbehaving. But this is not sufficient to support the charge. The person must literally be "falling down drunk" to where he needs the intervention of others to care for him.A good criminal defense lawyer can get most Penal Code 647f charges dismissed.
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