Can You be Charged with Being “Drunk in Public” on Private Property in California?

Private Property “Open to the Public”

Are you severely intoxicated on private property in California? Can you be charged with being “drunk in public” under Penal Code 647(f) PC? The answer is, it depends.

According to California Penal Code Section 647(f), being in any “public place” under the influence of intoxicating liquor is a crime if it interferes with the free use of any street, sidewalk, or another public way, or if the person is in a condition that he or she is unable to exercise care for his or her own safety or the safety of others.

But what does “public place” mean under California law? It means not only areas open to the public but also alleys, plazas, parks, driveways, parking lots, automobiles, buildings open to the general public, and the doorways, entrances, and grounds enclosing a building or dwelling.

This means that even if you are severely drunk on private property, such as in a restaurant, bar, theatre, concert hall, store, or shopping mall, you can be charged with being “drunk in public” if the property is “open to the public”.

Public Intoxication at Private Residences or Buildings

However, it’s not just private property “open to the public” where you can be charged with public intoxication. You can also be arrested for it at a private residence or building that is not open to the public. For example, if you are in the lobby or hallway of an apartment building or the front yard of a friend’s house, you can be arrested and charged with public intoxication under Section 647(f).

Get Legal Help if Charged with “Drunk in Public”

Being charged with “drunk in public” can be a serious matter that can result in fines, jail time, and a criminal record. If you are facing this charge, it’s important to get legal help from an experienced California criminal defense attorney. They can help you understand your situation, explore your options, and defend your rights. Don’t hesitate to call one of our attorneys today.