DUI, DWI, drunk in public Defense Lawyers in California

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Home » DUI/DWI » Drunk in Public

Drunk in Public

Did you think that you can be charged for drinking or intoxication only when there is vehicle involved? In California, a person can be charged for excessive drunkenness or alcohol consumption in public.

As a lively city, California’s beach communities with bars and nightlife are often referred as partying destinations by visitors. But, is it illegal to drink when you are in public? You can consume alcohol in public places in California without fearing about criminal charges. However, if you become intoxicated to a level that it affects your ability to ensure personal safety or safety of others, you can be charged for drunk in public or public intoxication. The charges are filed under penal code 647(f).

Penal Code 647(f)

California’s Penal Code 647 (f) deals with drunk in public charges and penalties. For a person to be charged under 647 (f), the prosecutor must establish,

The person was in public place at the time of arrest.
The person was willfully under the influence of liquor or intoxicated by drugs, controlled substance, or toluene or any combination of drugs, controlled substances, and alcohol and either or both following conditions were present
The person was intoxicated to a level in which he or she was unable to exercise his or her own care and safety and that of others. Or
Due to intoxication, the person interferes, blocks or prevents the free use of any street, road or entryway in the state.

The term ‘willfully’ in the clause depicts that the person has been consuming of ingesting alcohol on its own will.

Penalties in Drunk in Public Charges

When you are facing charges of drunk in public, there can be strict penalties. You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum. In California, public intoxication is charged as misdemeanor which means that it will become a part of your criminal record. If you are an illegal immigrant, such conviction can cause problem in your case for green card or nationality. If you are a resident, it can show in your background checks affecting your employment or enrollment.

The sentences for drunk in public charges are up to,

$1000 in fines
Six months of jail time
Or probation instead of jail time
In case of a minor, the defendant with his or her consent is also asked to enroll in DUI classes when DUI is not part of criminal charges.

Civil Protective Custody

As an alternative to filing charges under Penal Code 647 (f), the law enforcement may decide to take you in the civil protective custody. A civil protective custody is when the police takes you to the inebriation facility or commonly known as drunk tank where you are put under observation for next 72 hours. The police will observe the behavior of inebriated.

The good thing about civil protective custody is that it bars prosecutor from filing charges against you later. It means that you do not face any criminal charges.

However, the facilities are not available in many cities and counties which make criminal charges almost inevitable.

How Can We Defend You?

A successful defense in drunk in public cases occurs when your legal representation can prove in the court that

You were not in a public place.
You were not willfully intoxicated.
There is insufficient evidence of your intoxication. It can be done by questioning the procedure of investigation officer or proving that test violated your civil liberties.

By evaluating the situation, going through the circumstances of your arrest and asking you questions about the investigative procedure, we determine the most suitable defense in your case and build a case around it. David S. Chesley’s law office has been successfully defending clients against public intoxication charges for decades and our experience and knowledge has bestowed us with a high success rate.

Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.