§ 647(f) PC – Public Intoxication – California Penal Code

Penal Code § 647f PC is the California statute that makes public intoxication a crime. Also called drunk in public, you commit this offense when you are

1. under the influence of drugs or alcohol,
2. in a public place,
3. to the point of being unable to care for your safety or that of others.

A conviction is treated as 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.

The language of the code section states that:

647. Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(f) Who is 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 they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, 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 public intoxication does not necessarily mean the state can prove the case. Common defenses include showing that you:

• were not in a public place,
• were involuntarily intoxicated, and/or
• were 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 grant you misdemeanor (or summary probation).

Also note that, if you are convicted of an offense under this statute, this conviction:

• may have negative immigration consequences (if applicable), and
• will not impact your gun rights.

You can also seek to have it expunged once you successfully complete:

• 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. How do I fight a public intoxication charge in California?
  • 2.1. Not in a public place
  • 2.2. Involuntarily intoxicated
  • 2.3. No interference or obstruction
• 3. What are the penalties for being drunk in public?
• 4. Are there immigration consequences if I am drunk in public?
• 5. Can I get an expungement after a Penal Code 647f conviction?
• 6. Does a drunk in public conviction affect my gun rights?
• 7. How serious is a public intoxication charge in California?
• 8. Are there crimes related to being drunk in public?
  • 8.1. Driving under the influence – VC 23152a
  • 8.2. Disturbing the peace – PC 415
  • 8.3. 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 you to be drunk in public.¹

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

• 1. you were willfully under the influence of an alcoholic beverage or under the influence of drugs or a controlled substance,
• 2. when you were under the influence, you were in a public place, and either
  • 3a. you were unable to exercise care for your own safety, or the safety of others, OR
  • 3b. because you were under the influence, you interfered with, obstructed, or prevented the free use of a street, sidewalk, or another public way.²

(Please also see our page on drinking in public in California).

This section is to meant protect:

• you from your own foolishness, and
• the public from the potential dangers associated with you.³

The question of whether you are “unable to exercise care for” your 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, you commit an act “willfully” when you do it willingly or on purpose.⁵

This means that you must have voluntarily ingested drugs and/or alcohol. If you did so by accident, or by force, then you are 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. How do I fight a public intoxication charge in California?

If you are accused of a crime under this statute, then your 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 you were:

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 you are only guilty under this code section if you are 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 you to say that, although intoxicated, you were not in a place open to strangers (for example, if you were drunk in your own home, then law enforcement officers would have no grounds to make an arrest).

2.2. Involuntarily intoxicated

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

Generally speaking, you are involuntarily intoxicated if either of the following occurred:

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

2.3. No interference or obstruction

You may be convicted under this code section if, while drunk, you interfered with or obstructed the free use of a

• public street, or
• sidewalk.

A defense, therefore, is for you to show that, although intoxicated, you did not interfere with a public way. Perhaps, for example, if you were 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 you with misdemeanor (or summary probation). You 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 I am 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 you violated this statute because you were 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 I get an expungement after a Penal Code 647f conviction?

If you are convicted under this section, you can try to get the offense expunged from your criminal record.

Under Penal Code 1203.4, an expungement releases you 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 you:

1. successfully completed probation (either felony probation or misdemeanor probation), and
2. are 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 you have successfully completed probation, or serving a jail term for the same, you may begin trying to get the crime expunged.

6. Does a drunk in public conviction affect my gun rights?

A conviction for public intoxication does not have an effect on your gun rights.

Note that some felony and misdemeanor convictions will result in you losing your 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 you losing ownership of your gun or being banned from the gun for a period of time.

7. How serious is a public intoxication charge in California?

A public intoxication conviction can have extremely negative effects on your life despite it being only a misdemeanor. A conviction could cause:

• Getting fired from a job;
• Being passed over by potential employers for other jobs;
• Landlords rejecting your application to be a tenant;
• Getting rejected by colleges and universities;
• Being denied a professional license; and/or
• Losing out on scholarship opportunities.

Furthermore, having a public intoxication conviction carries a social stigma. It causes people to presume you may be an alcoholic or irresponsible. Therefore, if you are charged with being drunk in public, you are advised to fight the charge and get the matter expunged as soon as possible.

8. 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.

8.1. Driving under the influence – VC 23152a

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

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

In California, you can be prosecuted under this statute even if your 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 you install an ignition interlock device (IID) in your car).

8.2. Disturbing the peace – PC 415

Penal Code 415 PC is the California statute that makes it a crime 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

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

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

“Loitering” is defined as remaining in a certain place even though you have 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.”

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