Want To Win Your "Drunk in Public" Case?
Things to Know about Penal Code 647(f):
- You are not guilty of PC 647(f) if you were simply drunk in public. After all, our whole western civilization has been built and rests on a foundation of liquor as a social lubricant- just look at all the bars and liquor stores around you. To accuse you of this crime, there must an additional allegation that you were unable to care for yourself or others OR you were blocking the street, roadways, or other public sections of your city or town. So if you go out and get drunk at a bar and are walking home without any problems, then you are not guilty of this crime.
- The punishment for a conviction of PC 647(f) is up to six months in jail and/or a $1,000 fine and summary probation. However, in most cases, these punishments are only theoretical and very few people get the maximum. What’s perhaps worse, is the stigma for potential employers, schools or even potential mates of what a conviction for “Drunk in Public” says about you. So there’s many reasons to fight and win your case!
- You must be 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. So if you like to sit outside and have a few brewskis under the blue sky-skis, remember the police can spoil your fun.
- The police must personally witness you violate 647(f). 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.
- You must be willfully under the influence of a controlled substance. So if someone put Rohypnol (commonly known as “roofies”) in your water, you cannot be found guilty of PC 647(f). Does that willful requirement apply to being in a public place? For instance, if you are forced to leave a bar because someone is being assaultive, then there is a case to be made that you did not willfully go into a public place. What if someone throws you out of their car when you are drunk? Are you willfully drunk in public?
- Not infractible. The charge of 647(f) is not a wobblette (a “wobblette” is a violation that can be charged as a misdemeanor or an infraction). That’s bad news if you are arrested for 647(f) because it means the judge cannot reduce the charge to an infraction.
- The “drunk” part of drunk in public is very subjective. 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. It’s ultimately the jury’s or judge’s decision as to what level of intoxication qualifies to find someone guilty of PC 647(f).
- There are several defenses to a violation of 647(f). Some commonly used defenses are that 1) you were not in a public place 2) there is not sufficient proof that you were intoxicated or under the influence of a controlled substance and 3) you were able to care for yourself and 4) you were not obstructing any roadway or street.
- Early Intervention. With any criminal case, it’s important to hire an attorney as early in the process as possible, and the charge of PC 647(f) is no exception. The earlier you hire an attorney, the better chance you have of winning your case.
- Related crimes. Charges of PC 647(f) are sometimes related to PC 415 (disturbing the peace) VC 23152 (Driving under the influence), HS11550 (under the influence of a controlled substance), or PC303a (loitering to purchase alcohol). Often times, PC 647(f) is pled down to PC 415 (disturbing the peace). Our goal is not to plead your case, but to win it outright.
If you want to successfully resolve your PC 647(f) case, call now at 844-776‑5291. The Law Offices of Seppi Esfandi have successfully resolved thousands of these charges, and we can do the same for you!
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Seppi Esfandi
My reputation is very important to me, and I protect it by getting excellent results for my clients. You can go to Yelp, Google or any other online source to see what my clients are saying about me. I am always available to speak with you. I look forward to hearing from you soon!
Jorge Guerrero
Since 2010, Jorge Guerrero has worked alongside many experienced criminal defense attorneys on countless cases in Los Angeles. Mr. Guerrero is empathetic, insightful, and great at making clients feel at easy during times of difficulty and uncertainty.
Denise Salado
Denise is currently pursuing a Bachelor’s Degree in Criminal Justice with an emphasis in Pre-Law and Political Science. Holding future aspirations of attending UCLA School of Law, she has studied criminal procedure and is deeply passionate about protecting people’s court room rights.
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Public Intoxication is the kind of charge that can haunt you later when seeking employment, or applying for an apartment, among others. A very proactive, aggressive defense will benefit you greatly, because the earlier you act, the greater chances you have in dismissing your case. The sooner you find the right legal representation, the better, so the attorney can start working on the case as early as possible. There is even something called ‘Early Intervention’, and a skilled attorney may be able to get your charges dropped. Your reputation is at stake, protect it.
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To best assess your needs, we suggest conducting a free and confidential consultation either by phone or in-office. Knowing your current charges is of tremendous help but other information is also important. For example where, when, how did this happen? Were you read your rights? Did you give a statement? Who is/are the victim(s)? Do they wish to press charges? Do you have any priors? What do you do for a living? Does your employer know about your case? Will it cost you your job, career, family, or your future? These questions will help us understand your unique situation and allow us to truly comprehend where you are in life. Keeping you out of jail is not our only priority, but also to protect your criminal record, reputation and status in the community.
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Michael M.I was wrongfully accused of a crime, and Seppi came to my aid immediately after I called him. He was able to clear me of any wrongdoing and the charges were dropped. I’ll never look for another criminal defense attorney.
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Immaculate would best describe Mr Esfandi’s performance in the court room. From his posture, to the tone of his voice, to his expertise cross examination, Mr Esfandi took control of the courtroom from the beginning to the end with his knowledge of the law. I was facing 2 felony counts which included 2 strikes on my record. Each count was a sentence of 2-4 years in state prison. MY CASE WAS DISMISSED! Thank you Seppi for doing an outstanding job. You saved my life.
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