California Penal Code 647(f): Public Intoxication

Penal Code 647(f) is California’s public intoxication law. It defines and outlines the criteria by which a person may be found guilty of being intoxicated in a public place and it also sets the penalties for committing such a crime. Though this law may sound relatively straightforward on paper, it’s actually a very nuanced and heavily layered one that requires a lot of proof in order to charge someone with it. And since it’s very likely that you, or someone you know, partakes in drinking it’s especially important to understand the scope of this law so that you know your rights.

Okay, So How Drunk is Drunk?

Glad you asked! This law is very clear as to how intoxicated a person needs to be in order to get charged with a Penal Code 647(f) violation—simply being tipsy, or even wasted, in a public place is not enough to warrant being charged. You would need to be so intoxicated that:

• You cannot care for your own safety or the safety of other people around you and/or
• You are an obstacle, or otherwise prevent or impede people from freely using streets, pathways, or other public roads.

What’s important to note is that if neither of the above points holds true, and you are merely drunk in a public place, like a bar or a street, then you are not guilty of violating this penal code...no matter what an annoyed, or even aggressive, cop might say!

Drunk in Public Charges

Words carry lots of weight in the legal realm because what is meant and conveyed in the law can be used to argue in favor of, or against someone in a case. As it pertains to public intoxication or “drunk in public” charges, wording is very relevant. This is because the formal legal definition of being “drunk in public” bears with it three very key elements that must hold true in order for the charge to be justified. This means that the prosecutor has to show these elements are true in court for a defendant to get convicted of violating Penal Code 647(f). The elements are:

1. You were willfully under the influence of alcohol, drugs, and/or some controlled substance,
2. You were located in a public place while you were under the influence, and
3. You were either:
4. 1. Incapable of taking care of yourself or caring for the safety of others, and/or
   2. Interfered, blocked, or made it difficult for people to freely make use of public ways, roads, streets, or sidewalks.

Penal Code 647(f)

Therefore, simply being really drunk, even drunk enough to blackout or pass out, does not automatically make you guilty of violating Penal Code 647(f). So, while on the surface it may seem easy enough to denote a law for public intoxication, it actually becomes a very technical and specific process. We can use those technicalities to our advantage.

It’s a Free Country...Mostly

Willingly Under the Influence

First off, let’s zero in on that first element of the definition we mentioned above. To be willingly under the influence means that you got intoxicated of your own free will. Therefore, the prosecutor would have to establish that you intentionally got drunk or intoxicated and that it was something you did by your own deliberate choice. So, let’s say you were drugged or someone slipped something in your drink. In that scenario, you could not be found guilty of violating Penal Code 647(f). Similarly, let’s say you thought you were enjoying a non-alcoholic beverage, but someone changed your drink and gave you something else...in that situation you would still not be guilty because you did not get intoxicated willingly.

All Publicity is Good Publicity...right?

Now about that second crucial element in the definition—“public”. As far as California law is concerned, a public place is anywhere outside of a private residence where people are free to walk. Some obvious examples that fit the definition would be places like a shopping center, a bar, a restaurant, a movie theater, a street, and a park or a beach. There are some less obvious places that this definition also covers, such as shared, communal hallways or lounges in apartment complexes, the front yard, front porch and driveway of someone’s home, and a parked car on a public road. Similarly, a hotel hallway is a public place, but the actual hotel room is not.

What is Considered a "Public Place" for Purposes of Public Intoxication Charges in California?

It is important to know that a place can be considered ‘public’ even if there aren’t any other people actually present at that location: what matters is that it is accessible to the public, not that anyone is there or likely to be there. On the other hand, some examples of private areas would be places like private homes, apartments or residences, and garages, sheds, guest houses, or backyards. Finally, it’s imperative to keep in mind that you cannot be found guilty of being intoxicated in public if you got drunk or inebriated in a private place, but then were forced out to a public place. There have been instances where people (sometimes even law enforcement!) force intoxicated people to go with them to a public place and then arrest or accuse them of being drunk in public. That’s why it is so important to always know your rights.

Safety First!

The whole third premise of this penal code rests upon safety, specifically denoting when someone poses a threat to safety. The law specifies that a person who is so intoxicated that they are unable to care for themselves or for those around them are considered drunk enough that they pose a risk to the wellbeing of themselves and to those around them. To illustrate this, picture two different people, Leo and Kevin, both of whom are outside of an LA bar at 2 in the morning.

Examples of California Public Intoxication Charges

Leo is trying to call for an Uber when a cop comes up to him and questions him. Leo is able to answer the cop’s questions, and while the cop can both see and smell that Leo is definitely drunk, he can also tell that Leo is coherent enough to get himself into a cab. Therefore, Leo doesn’t pose a threat to himself or to anyone else outside that bar. However as the cop begins to leave, he notices Kevin, who is also trying to find his Uber. The difference is that Kevin has wandered onto the middle of the road to see if any of the cars are his cab and as a result the drivers are forced to slam their brakes to avoid running into Kevin. He is clearly incoherent and he trips and falls right in the middle of the street.

Given that situation, it’s clear that both Leo and Kevin are drunk, but what matters is that Leo’s actions aren’t threatening his safety or the safety of others, whereas Kevin’s drunken shenanigans are endangering his life as well as the safety of others around him. Thus, Leo would not be charged with violating Penal Code 647(f), but Kevin very well may be. The cop could notice that Kevin’s level of drunkenness is so extreme that it actually does pose a safety hazard and so Kevin can be found guilty of a Los Angeles public intoxication charge.

And While You’re at it...Try Not to Get in the Way Either

The second half of that last component deals with obstructions of public places. Going back to our previous example, Leo gets in his cab and heads home, whereas Kevin stumbles and falls in the middle of the street. Let’s say he manages to drag himself back onto the sidewalk, where he passes out from being so drunk. In this situation, people who are walking on that sidewalk may be forced to step onto him, step over him, or otherwise go off the sidewalk to walk around him. Therefore, Kevin is blocking the free passage of people in a public space and that is also grounds for a potential public intoxication arrest.

Penalties of Penal Code 647(f) Conviction

The penalties of penal code 657(f) are more than just a bad hangover. If convicted of a Penal Code 647(f), the penalties include the following:

• Serving up to 6 months in county jail,
• Getting fined no more than a maximum amount of $1,000, and/or
• Summary probation.

More Than Three Public Intoxication Charges in One Year Period

However, if you get a “public intoxication” conviction three or more times within a 1 year period, then you will have a minimum sentence of 90 days in county jail. The court can reduce that sentence down to a 60 day period, provided that you spend those 60 days in an alcohol recovery program and treatment center.

Sometimes a Good Legal Defense...is a Great Offense

A seasoned Glendale criminal defense attorney will explore several methods of protecting you by incorporating the details of your case as well as the circumstances leading up to the alleged public intoxication charges. The following are some examples of defenses that your lawyer may use to fight the accusations:

• The location in question was not ‘public’
• • If you were arrested in any type of private residence, then there cannot be any ‘public’ intoxication charges, no matter how drunk you were. Because there are some technicalities to what California law defines as public, sometimes officers might think that you’re in a public space, when really you are not (such as being in a backyard instead of a front yard).
• Inconclusive or not enough evidence of intoxication
• • For you to get convicted of a Penal Code 647(f) charge, the prosecutor would need to show beyond any reasonable level of doubt that you got willingly intoxicated in a public place and engaged in the kind of behavior that satisfies the legal definition of public intoxication. You’d be surprised just how often all of those pieces of evidence are just simply not available or otherwise are too flimsy to stand in court.
• Not enough probable cause
• • It can be pretty common in these types of public intoxication cases for the police to violate someone’s rights while they’re ‘investigating’ the situation. If they...
  • • detain you without personally having born witness to you violating a law,
    • Carry out an illegal search and violate California’s search and seizure laws, or
    • Make up, or produce false evidence against you,
  • ...then your defense attorney can put out a California motion to suppress evidence, potentially getting the entire case dismissed outright. Always bear in mind that the US Constitution protects you from illegal searches, seizures or actions from the police.
• Diversion or Deferred Entry of Judgement
• • Even in the event that you are obviously guilty of violating Penal Code 647(f), if your arrest resulted from behavior that stemmed from the use of controlled substances or drugs, or even a combination of those and alcohol, then an adept California defense attorney will still be able to negotiate a deferred entry of judgement (DEJ) or pretrial diversion deal with the prosecutor and the judge. In this scenario, you agree to attend and successfully complete a state-approved drug treatment program. Upon meeting those conditions, the charges against you will be dismissed and you will not have the violation listed on your criminal record.

Call Us. Our Criminal Lawyers Can Help with Your Penal Code 647(f) Charges

If you or a loved one has been accused of violating Penal Code 647(f), don’t hesitate to give us a toll free call at (310) 943-1171 to speak with our experienced California defense attorneys today. Our lawyers in Glendale, Los Angeles, California, are dedicating to providing all of our clients with the highest quality legal services possible.

KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda. Get Directions on Google Maps 

California Penal Code § 1000 indicates an arrangement commonly known as a pretrial diversion or a deferred entry of judgment, in which a qualifying drug defendant requests to get their case put on hold for a set period of time while the defendant completes a state-approved drug rehabilitation or educational program. Penal Code § 1000 is very important because it enables some defendants to avoid conviction entirely with the deferred entry of judgment, or DEJ for short (this is also referred to as a pretrial diversion).

Pretrial Diversion vs. Deferred Entry of Judgement

Whether DEJ applies for any given case will depend on several factors, such as age, previous criminal history, and the crime in question. For instance, DEJ is more restricted for adults, applying only for certain types of drug offenses. On the other hand, for juveniles, deferred entry of judgment usually applies for most first-time felonies.

An Overview of How Pretrial Diversion Works

First, a defendant asks to complete an approved program in any county in California. The court determines the eligibility of the defendant and, once approved, provides the defendant with a set period of time in which to complete the program. California courts have both formal and informal diversion. A list of state-approved programs can be found at the courthouse in which the hearing took place. All of these programs will assess the defendant and must ensure a minimum of 20 hours of drug education or rehabilitation. At the end of the program, an assessment report must be provided to the court, detailing the defendant’s progress and successful completion of the program.

Upon Successfully Finishing the DEJ Program 

Upon finishing the DEJ program, the court has an obligation to dismiss the drug charges against you. As such, the benefits of completing the program are that:

• You can lawfully and honestly say on an application for employment, school, housing, credit, or any other inquiry that you have not been convicted of that charge
• There will not be a conviction in your record that can be used against you in most cases.   However, if you apply for government employment like a peace officer or like, you may be required to disclose.

Failing to Successfully Finish the DEJ Program 

Throughout your participation in the court-sanctioned program, the court may determine that your efforts or participation are not satisfactory, or that some other issue has come up. Any of these may disqualify your eligibility for the diversion program. Some of these reasons can include:

• You have not attended the drug program
• Your participation was unsatisfactory
• You are not benefitting or showing improvements from the program
• You have gotten convicted of a felony while on the program
• You became convicted of a misdemeanor that shows a tendency for violence (i.e., assault, domestic violence charges, etc.)
• You participated in some other criminal activity that disqualified as per the judge’s discretion

Basically, a defendant can be removed from the DEJ program if at any point they fail to complete the program satisfactorily or if they get convicted of a felony or a misdemeanor involving violence. In that case, the defendant will get dropped from the program and sentenced per the underlying charge(s).

What Cases Qualify for Pretrial Diversion Per Penal Code § 1000?

There are two factors that are responsible for determining your eligibility for a DEJ. The first is the type of drug offense itself and the second is your previous criminal history.

Drug Offenses

According to California Penal Code § 1000, some drug offenses are eligible for deferred entry of judgment. Most often, these are:

• Business & Professions Code § 4060—Possession of a Controlled Substance
• Health and Safety Code § 11350 and § 11377— Personal Possession of a Controlled Substance
• California Health & Safety Code § 11377— Possession of Controlled Substance: Methamphetamine
• Health and Safety Code § 11357— Possession of Less Than One Ounce of Marijuana
• Health and Safety Code § 11358— Cultivation of Marijuana
• Health and Safety Code § 11364— Possession of Drug Paraphernalia
• Health and Safety Code § 11365— Knowingly Being in a Place Where Drugs Are Being Used
• Health and Safety Code § 11368— Forgery of a Prescription
• Health and Safety Code § 11550— Being Under the Influence of a Controlled Substance
• Penal Code § 647(f)— Under the Influence of Drugs in Public
• Penal Code § 653(f)(d)— Solicitation of Drugs or Transportation of Them For Personal Use
• Vehicle Code § 23222(b)—Driving While in Possession of Marijuana  

*A ‘controlled substance’ refers most commonly to such drugs as Cocaine, Marijuana, Heroin, Methamphetamines, Ketamine, Ecstasy, Vicodin, Codeine, and GHB.

Criminal History Plays a Key Factor in Eligibility of DEJ Program

Your prior criminal history is the other major factor used to determine whether your case is eligible for a DEJ. The conditions are:

• You do not have any previous drug-related convictions
• The drug offense in question is only possession-related and doesn’t include the selling of a controlled substance
• The offense must be non-violent
• You have no other convictions for a felony within 5 years of committing the drug offense in question
• You have no past history of parole or probation violations
• You have not already participated in another DEJ or pretrial diversion program within the last 5 years

The Steps Needed to Get a Pretrial Diversion

You should know that there are some strings attached with the deferred entry of judgment. It does require the defendant to plead guilty, with the condition that the court does not enter judgment. Thus, the final sentencing, or conviction, is never finalized. The case is therefore left in a limbo period, or deferment. During this period, the defendant must then successfully complete the appropriate, state-approved program. The court will look over the details of the case again and if everything was correctly done, the charge against the defendant will be dismissed.  

Los Angeles Deferred Entry of Judgement Lawyer

The details surrounding the deferred entry of judgment can get complicated and murky. We can help you to assess if a pretrial diversion or a DEJ is possible given the details of your case. To speak to an Glendale criminal defense attorney, please call our firm at (310) 943-1171 or email us at [email protected].  

KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.

Who can Apply for An L-1 Visa?

L-1 non-immigrant visa is for intracompany transferees who come to the United States to temporarily work for a U.S. company. If you are a foreign worker overseas, a U.S. company may qualify to transfer you with an L-1 visa, as an overseas employee, to the U.S. to work as a manager, executive, or specialized knowledge personnel.

Who is Considered An L-1 Manager?

“A manager generally refers to someone who supervises and controls the work of other supervisory, professional managerial employees. The L-1 visa classification also includes managers of an essential function within the organization or a department or subdivision of the organization.”

Who is Considered An L-1 Executive?

“An executive generally refers to someone who primarily directs the organization or a major component or function of the organization.”

Who is Considered Someone With L-1B Specialized Knowledge?

“An individual with specialized knowledge is someone who possesses special knowledge, of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.”

What Are the Requirements for Obtaining L-1 Status?

Requirements for obtaining L-1 visa status are:

• The Employee Must Work for the Overseas Company for a Total of One Year in the Preceding Three Years.

Before being transferred to the U.S. company with an L-1 visa, the employee must have completed one continuous year of work outside the U.S. with the overseas company. However, if an employee works in the U.S. during that year, he or she will need to equally work for the overseas company in order to obtain a total of at least 12 months employment overseas.

• The Overseas Company and the U.S. Company Must be Related in a Specific Manner.

The overseas company that the employee works for during the required period of one year must be related, such that it must be the same employer, subsidiary, or affiliate of the U.S. company. To prove the amount of time worked, the employee may include pay stubs, payroll records, or tax records.

• The Company Must Be a Qualifying Organization.

In order for the company to be a qualifying organization, it must be doing regular, systematic, and continuous business in the U.S. and another country during the entire duration of the transfer.

• The Employee to Be Transferred from Overseas Must Have Been Employed in an Executive, Managerial, or Specialized Knowledge Position.

The transferee must fill in at least one of the following three capacities: executive, manager, or specialized knowledge. There is no requirement for the employee being transferred to the U.S. to perform the same services as he or she did overseas; they may be employed in a different capacity in the U.S. For example, an individual with specialized knowledge overseas may be transferred to work in the U.S. as a manager. The same is possible with an employee working as a manager overseas and being transferred to the U.S. as an employee. Provided that the position held by the employee was for a period of one year before transferring with an L-1 visa.

• The Employee Must be Transferred to The U.S. to work in an Executive, Managerial, or Specialized Knowledge Capacity.

As explained above, the employee must not fill in the same position as he or she did overseas. However, the employee must be working in a capacity involving duties of an executive, manager, or specialized knowledge personnel.

• Previous Education and Experience Will Determine the Employee’s Qualifications for a Particular Position.

The employee must be qualified for the position he or she is transferring to occupy. United States Citizenship and Immigration Services (USCIS) require proof of such qualifications by showing prior education and experience. This proof must be presented with the L-1 petition.

• The L-1 Transferee Must intend to Depart the United States Upon Completion.

The employee must intend to depart the U.S. after the completion of his authorized stay. However, an L-1 employee can seek permanent residency in the U.S. if he qualifies on another basis.

How Long Can I Stay in the U.S with an L-1 visa?

An individual, entering the United States in L-1 status, will stay for the time required by the U.S. company, up to three years maximum. However, up to two years of extension can be authorized in increments. A maximum stay for managers and executives (L-1A) is seven years, where as for specialized knowledge personnel (L-1B), it’s five years. An employee with specialized knowledge may later qualify for a managerial or executive position within the U.S. company only if the specialized knowledge employee has been performing managerial or executive duties for six months before requesting an extension of stay beyond what is permitted for the specialized knowledge employee, which is five-years. This distinction is important for two reasons. First, to determine the duration of the transferee’s stay.  Second, because managers and executives have a potential route to obtaining permanent residency in the U.S.

Can I Bring Family to the United States if I have an L-1 Visa?

Under L-2 nonimmigrant category, family members of the L-1 nonimmigrant are permitted to enter the United States. Family members only include the visa holder’s spouse or unmarried children under the age of 21. However, once children reach the age of 21, they may no longer remain in the U.S. The duration period for family members is the same as that of which the main working family member is admitted. Family members admitted in the L-2 nonimmigrant category may now be authorized to work and study while remaining in the U.S. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.