Penal Code 647 f PC – Public Intoxication Law in California

Updated December 15, 2020

Under Penal Code 647f PC, California law defines the crime of public intoxication as being intoxicated from drugs or alcohol, while in a public place, to the point of being unable to care for your safety or that of others. This offense is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00.

This statute is one of several California laws on disorderly conduct.

PC 647 f states that “A person is guilty of disorderly conduct if] found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in 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 alcohol, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”

Examples

• after a bartender cuts Ted off because he is intoxicated, Ted grabs a stool and throws it across the bar.
• while drunk, Jose lies down on a set of train tracks and fights off a passerby that tries to move him.
• Janelle, under the influence of cocaine, passes out on a sidewalk and thereby forces people walking by to step over her.

Defenses

Merely being arrested for this crime does not necessarily mean the state can prove the case. Common defenses for people charged with public intoxication include showing that the accused:

• was not in a public place,
• was involuntarily intoxicated, and/or
• was not creating an interference or obstruction.

Penalties

A violation of 647f is charged as a misdemeanor in California (as opposed to a felony or an infraction).

Public drunkenness is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

Also note that, if a person is convicted of an offense under this statute, this conviction:

• may have negative immigration consequences (if applicable), and
• will not impact a person’s gun rights.

A person convicted of this offense can also seek to have it expunged once he successfully completes:

• probation (if imposed), or
• any jail time (if imposed).

Our California criminal defense attorneys will discuss the following in this article:

• 1. What is prohibited under Penal Code 647 f PC?
  • 1.1. Willfulness
  • 1.2. Drunk in “public”
• 2. Are there legal defenses to a charge of public intoxication?
  • 2.1. Not in a public place
  • 2.2. Involuntarily intoxicated
  • 2.3. No interference of obstruction
• 3. What are the penalties for being drunk in public?
• 4. Are there immigration consequences if a person is drunk in public?
• 5. Can a person get an expungement after a Penal Code 647f conviction?
• 6. Does a drunk in public conviction affect a person’s gun rights?
• 7. Are there crimes related to being drunk in public?
  • 7.1. Driving under the influence – VC 23152a
  • 7.2. Disturbing the peace – PC 415
  • 7.3. Loitering to solicit the purchase of alcohol – PC 303a

1. What is prohibited under Penal Code 647 f PC?

Penal Code 647 f PC is the California statute that makes it a crime for a person to be drunk in public.¹

A prosecutor must prove three things to successfully convict a defendant of public intoxication California. These are:

• 1. the defendant was willfully under the influence of an alcoholic beverage or under the influence of drugs or a controlled substance,
• 2. when the defendant was under the influence, he was in a public place, and either
• 3a. the defendant was unable to exercise care for his own safety, or the safety of others, OR
• 3b. because the defendant was under the influence, he interfered with, obstructed, or

prevented the free use of a street, sidewalk, or another public way.²

This section is to meant protect:

• the offender from his own foolishness, and
• the public from the potential dangers associated with an intoxicated person.³

The question of whether a defendant is “unable to exercise care for his own safety, or the safety of others,” is a question of fact. This means that a judge or jury will rule on the issue by looking at all of the facts and circumstances within a given case.⁴

Questions often arise under this statute on:

• the meaning of “willful” intoxication, and
• the meaning of a “public place.”

1.1. Willfulness

For PC 647f matters, someone commits an act “willfully” when he does it willingly or on purpose.⁵

This means that a defendant must have voluntarily ingested drugs and/or alcohol. If he did so on accident, or by force, then he is not guilty of being drunk in public.

1.2. Drunk in “public”

As used under this statute, a “public place” is a place that is open and accessible to anyone who wishes to go there.

Obvious examples include:

• a barber shop⁶,
• streets and sidewalks⁷, and
• public businesses or entertainment venues like restaurants, clubs, shopping malls, and parks.

In addition, California courts have ruled that the following less obvious places also qualify as “public places:”

• a car parked on a public street⁸,
• a common hallway in an apartment building⁹, and
• an area in front of someone’s house, including the driveway, front lawn, and front porch.¹⁰

2. Are there legal defenses to a charge of public intoxication?

If a person is accused of a crime under this statute, then his/her criminal defense lawyers can challenge the accusation by raising a legal defense. A good defense can often get a California public intoxication charge reduced or even dismissed.

Three common defenses to drunk in public charges are to show that the person was:

1. not in a public place,
2. involuntarily intoxicated, and/or
3. there was no interference or obstruction.

Should the case go to trial, prosecutors have the burden to prove guilt beyond a reasonable doubt.

2.1. Not in a public place

Recall that an accused is only guilty under this code section if he is drunk in public. Further, “in public” has a very specific definition under this law and has been interpreted by the courts in certain ways. This means it is always a legal defense to PC 647f accusations for an accused to say that, although intoxicated, he was not in a place open to strangers (e.g., if he was drunk in his own home, then law enforcement officers would have no grounds to make an arrest).

2.2. Involuntarily intoxicated

Also, recall that a defendant must be “willfully under the influence” to be guilty under this statute. If an accused was drunk by accidentally ingesting a drug or alcohol, or did so through involuntary means, then he is not guilty of violating PC 647(f).

Generally speaking, a person is involuntarily intoxicated if either of the following occurred:

• he consumed alcohol, drugs, or some other intoxicating substance without knowing he was doing so, or
• somebody forced or tricked him into consuming an intoxicating substance.

2.3. No interference or obstruction

A party may be convicted under this code section if, while drunk, he interfered with or was obstructing the free use of a public street, or sidewalk. A defense, therefore, is for an accused to show that, although intoxicated, he did not interfere with a public way. Perhaps, for example, if he was drunk behind a dumpster in an alleyway, then police officers arguably have no grounds to make an arrest.

3. What are the penalties for being drunk in public?

A violation of 647f PC is charged as a misdemeanor under California state law.¹¹

The crime is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.

Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation). The defendant may also be able to do community service in lieu of paying a fine.

Note that the L.A. County D.A.’s office generally does not prosecute PC 647(f) cases.¹²

4. Are there immigration consequences if a person is drunk in public?

A PC 647(f) conviction may have negative immigration consequences.

Note that under United States immigration law, certain kinds of criminal convictions in California can lead to a non-citizen being deported. Some convictions can also make an immigrant “inadmissible.”

The major categories of “deportable” or “inadmissible” crimes are:

• crimes of moral turpitude,
• aggravated felonies,
• controlled substances (drug) offenses,
• firearms offenses, and
• domestic violence crimes.¹³

Given the above categories, if a defendant violated this statute because he was intoxicated via drug use or by using a controlled substance, then there may be grounds for deportation or inadmissibility. Note, though, that the facts of the case would probably have to suggest a flagrant violation of the law for these grounds to exist.

5. Can a person get an expungement after a Penal Code 647f conviction?

A person convicted under this section can try to get the offense expunged from his/her criminal record.

Under Penal Code 1203.4, an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction.¹⁴

One particular benefit is that an expunged conviction does not need to be disclosed to potential employers.

As a basic rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided the applicant:

1. successfully completed probation (either felony probation or misdemeanor probation), and
2. is not currently:

• charged with a criminal offense,
• on probation for a criminal offense, or
• serving a sentence for a criminal offense.¹⁵

This means that once a defendant has successfully completed probation, or serving a jail term for the same, he may begin trying to get the crime expunged.

6. Does a drunk in public conviction affect a person’s gun rights?

A conviction for public intoxication does not have an effect on the convicted party’s gun rights.

Note that some felony and misdemeanor convictions will result in the defendant losing his or her right to own a gun in California.

Also note that some misdemeanors carry a 10-year firearm ban.

But a conviction of violating PC 647(f) will not result in a person losing ownership of his gun or being banned from the gun for a period of time.

7. Are there crimes related to being drunk in public?

There are three crimes related to being drunk. These are:

1. driving under the influence – VC 23152a,
2. disturbing the peace – PC 415, and
3. loitering to solicit the purchase of alcohol – PC 303a.

7.1. Driving under the influence – VC 23152a

Vehicle Code 23152(a) VC is the California DUI law that makes it a crime for a person to operate a motor vehicle while “under the influence” of alcohol.¹⁶

“Under the influence” means that a driver’s physical or mental abilities are impaired to the extent that he can no longer drive as well as a cautious sober person.¹⁷

In California, motorists can be prosecuted under this statute even if their blood alcohol concentration was below 0.08%.

A first, second or third offense under VC 23152a is charged as misdemeanors in California. Penalties for a DUI conviction may include:

• misdemeanor probation,
• fines,
• DUI school, and
• a driver’s license suspension (though it may be possible to continue driving if the defendant installs an ignition interlock device (IID) in his car).

7.2. Disturbing the peace – PC 415

Penal Code 415 PC is the California statute that makes it a crime for a person to “disturb the peace.” Disturb the peace means to either:

• fight, or challenge someone to a fight in a non-private place
• purposefully disturb another person with loud and unreasonable noise, and
• use offensive words that are likely to provoke a violent reaction.¹⁸

A violation of PC 415 is charged as a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to 90 ninety days, and/or
• a maximum fine of up to $400.¹⁹

Please note that a prosecutor can charge this crime as “disturbing the peace” no matter the specific facts making up the crime.²⁰

7.3. Loitering to solicit the purchase of alcohol – PC 303a

Penal Code 303a PC makes it a crime for a person to loiter in or around a bar or restaurant for the purpose of asking other patrons or customers to buy drinks for him.²¹

“Loitering” is defined as a person remaining in a certain place even though he has no lawful reason to be there.

A violation of PC 303a is charged as a misdemeanor in California.²²

The potential penalties include:

• up to six months in county jail, and/or
• a fine of up to $1,000.²³

For further assistance…

Our attorneys offer legal help for criminal charges throughout the state, including Los Angeles County, Orange County, Newport Beach, Santa Monica, San Diego, Pasadena, Long Beach, Riverside, Pomona, San Francisco, and San Bernardino.

For similar accusations in Nevada, please see our article on “NRS 258.260 – Nevada “Intoxication” Laws.”

---

Legal References: