Legal situations relating to alcohol and carrying potentially serious consequences are not limited to drunk driving, DUI, or even DWI arrests. Simple pedestrians can find themselves on the wrong side of the law thanks to extreme alcohol consumption. This offense is normally known as being drunk in public.
The criminal charge of public drunkenness in point of fact entails more than a person being drunk and also being in public: the legal standard typically mandates that a individual be so drunk as to be a hazard to themselves (or other people) before the law will get involved.
California's drunk in public law is characteristic of those around the United States. California Penal Code Section 647 (f) states that it is against the law to be in any public place under the influence of intoxicating liquor (or mixture of liquor and drugs), in such a state that he or she is not capable of exercising concern for his or her own protection or the protection of others, or by reason of his or her being under the influence of intoxicating liquor (or drugs), inhibits, hinders, or blocks the free use of any road, sidewalk, or similar public way.
If the offending party is only under the influence of alcohol, instead of being under the influence of drugs or a mixture of both alcohol and drugs, a police officer may seek to place the inebriated/affected individual in "civil protective custody" for up to 3 days. This time will be spent observing the "inebriate," and will be a hindrance to additional prosecution.
Difference between DUI and Public Drunkenness
Put quite simply, DUI necessitates that the individual in question’s mental and physical faculties be affected significantly—at least to the extent that he/she can no longer operate an automobile with the same level of skill and care as a sober person would, while Penal Code 647f states that the suspect be excessively intoxicated—so much so that he/she can no longer safely care for himself and/or others, even while simply walking around.
The DUI classification of “intoxication” is still a bit cloudy and the topic of many arguments, both scientific and political. California sets a per se BAC (blood alcohol content) limit of .08% for motorists. However, many experts agree that some individuals sensitive to alcohol can become affected at a much lower level, in a few cases as little as .02% BAC. In contrast, some people with a higher tolerance for alcohol can still exhibit sober-like faculties at a .10 BAC% or even more.
However, to put things in perspective, one needn’t be drunk to fall within the scope of California’s strict DUI laws. A small to median level of intoxication can instigate an arrest and potentially a conviction. For this reason, “Drunk driving” is technically very misleading, and “impaired driving” would perhaps be a more suitable description of the state standards.
Penal Code 647f, in contrast, is put into play only when the individual in question is flat-out drunk. One could be well within the limits of intoxication for DUI measurements, but well under the radar for “drunk in public” requirements. This disagreement in standard is very logical. A individual could pose a threat simply by walking around in public if adequately inebriated, but that danger comes alive much earlier when the individual decides to drive in this state. California's laws relating to individuals accused of being drunk in public are comparative to laws around the United States. Whether it is you or someone you know being charged with public drinking, it is imperative to seek out legal counsel immediately, before waiving any rights (known or unknowingly). Contact the expert team at the Law Offices of Rizio & Nelson right away to schedule your free initial consultation, and let us do the work of defending you and your rights.
