California’s Public Intoxication Laws and How They May Affect Your San Diego Case

Posted on: September 1st, 2024 by Dod Law

Public Intoxication

California considers public intoxication to be a misdemeanor offense, which means that anyone found to be visibly intoxicated in a public place may be arrested. It isn’t limited to just drinking, either – the law also includes individuals who are under the influence of drugs or other controlled substances. If you have been arrested for public intoxication in San Diego, you could face fines, community service, and even jail time.

It is important to be aware of the potential consequences of a public intoxication charge in California. Seeking legal guidance from a knowledgeable attorney can help with the legal process, and our team at Dod Law is here to protect your rights every step of the way. 

Understanding California’s Public Intoxication Laws

In California, public intoxication is a serious offense that involves being drunk in public to the extent that you are unable to exercise care for your safety or the safety of others.

Public intoxication laws apply in public spaces, such as a sidewalk or street, and can lead to a misdemeanor charge. If arrested for public intoxication, you may face penalties such as:

• Probation
• Fines up to $1,000
• Up to six months in jail

A criminal defense attorney specializing in public intoxication cases can help you navigate the legal process and build a strong defense strategy to protect your rights and minimize the penalties that you face.

Building a Defense Against Public Intoxication Charges

When charged with public intoxication, it is essential to remember that the prosecutor must demonstrate that you were willfully obstructing a public way or interfering with others’ free use of a public space. Your attorney can defend you in several ways, including by utilizing the following strategies: 

Attack the Evidence

Your attorney can attack the validity of the evidence that is presented in the case. Evidence does not always tell the accurate or whole picture of events, which is why your lawyer will try to reframe how evidence is presented. In many cases, evidence may be excluded from a case for technical reasons, such as a failure to maintain a chain of custody. Your lawyer can try to discredit the evidence, having it excluded from the case. 

Provide an Alternative Storyline

In many cases, the prosecution won’t provide enough information about the events, letting jurors make their own conclusions. To combat this, your lawyer can show how things actually happened, including any mitigating circumstances that show that being drunk in public was either untrue or unintentional. This difference in the story of events can help your case. 

Prove You Weren’t Willingly Drunk in Public

Your lawyer can also prove you weren’t willingly drunk in public if circumstances led you into this position. It is not uncommon for someone who has had too much to drink to wander into a public place when trying to get home safely by taking the bus or other forms of transportation. 

A skilled criminal defense attorney can help challenge the evidence presented and work towards a favorable outcome. By examining the specific circumstances of your case and potential mitigating factors, your attorney can develop a robust defense strategy.

By understanding the intricacies of California’s public intoxication laws and taking proactive steps to defend your case, you can mitigate the potential consequences and protect your rights effectively.

Get Help From Criminal Defense Lawyers at Dod Law Today

Being charged with public intoxication can impact your ability to work and do other things that you already do every day. Fortunately, there are things that you can do to keep a public intoxication charge from creating too many problems in your life. 

Before you go to court, make sure that you discuss your case with a criminal defense attorney who can tell you what to do next. Contact us at our San Diego office (619) 814-5110 | Orange County office 949-681-7020 | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form.