California Penal Code 647(f) – Public Intoxication

Overview

Penal Code 647(f) PC makes it a misdemeanor to be under the influence of alcohol or drugs in a public place to the point that you are unable to care for your safety or are interfering with others. Often referred to as “drunk in public,” this charge is frequently used in nightlife districts, sporting events, and incidents involving homelessness or mental health concerns.

At Jones Trial Attorneys, we understand that many PC 647(f) charges involve over-policing, misunderstandings, or underlying health issues—not criminal intent. We fight to resolve these cases quickly and discreetly, often without a conviction.

Legal Definition

Penal Code § 647(f) prohibits:

“Being found in any public place under the influence of intoxicating liquor, any drug, controlled substance, or combination thereof, in a condition that the person is unable to exercise care for their own safety or the safety of others, or interferes with or obstructs the free use of any street, sidewalk, or other public way.”

Elements of the Crime

To convict someone under PC 647(f), the prosecution must prove:

1. You were willfully under the influence of alcohol, drugs, or both;

2. You were in a public place; and

3. You were either:

• Unable to care for yourself or others, or

• Obstructing public spaces (streets, sidewalks, etc.)

“Public place” includes parks, streets, restaurants, vehicles parked in public view, and other accessible areas.

Penalties for PC 647(f)

PC 647(f) is a misdemeanor punishable by:

• Up to 6 months in county jail

• Fines up to $1,000

• Informal probation

• Alcohol or drug counseling

• Community service

Many counties also offer diversion programs or “detox holds” in lieu of criminal charges.

Defenses to Public Intoxication Charges

We frequently defend PC 647(f) cases with strategies such as:

• You were not in a public place

• You were not intoxicated to the point of impairment

• Police conducted an illegal stop or search

• You were arrested due to homelessness, mental health, or profiling

• You were exercising lawful conduct or free speech (e.g., protesting)

Immigration and Employment Consequences

Although a misdemeanor, a PC 647(f) conviction can:

• Appear on background checks

• Interfere with immigration status for non-citizens

• Create problems with professional licensing or government clearance

• Trigger enhanced penalties if tied to probation violations

We fight to protect your record and negotiate immigration-safe resolutions.

Related Offenses

• VC 23152 – DUI

• PC 415 – Disturbing the Peace

• PC 602 – Trespassing

• PC 148 – Resisting Arrest

How Jones Trial Attorneys Can Help

Public intoxication doesn’t make you a criminal—and a conviction shouldn’t define your future. We pursue dismissals, diversion, and record-clearing outcomes while minimizing public exposure and stigma.

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Talk to a Criminal Defense Attorney Today

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