California Public intoxication

[nmsnoboard23]

While on vacation in Huntington Beach, California, I was arrested and charged with 647f PC public intoxication. After spending the night in a sobering cell I was released on bail. I have hired an attorney from a large Southern California firm specializing in alcohol related cases who will be representing me in court. I do not have as much as a parking ticket on my record and the only charge against me was public intoxication. The police never performed any type of sobriety test and I never received a breathalyzer test. While I had about 2 or 3 drinks that night, I did not feel that I was intoxicated as I remember every detail of the evening and was fully alert as to what was happening. I am wondering what I can expect from the outcome of this case. I know that this charge can carry a penalty of up to one year in jail and fines but am I at risk of serving time for a sole public intoxication charge? This deeply troubles me because I have never been in any sort of trouble before and I don't want a foolish mistake to put my future in jeopardy.

I am a resident of New Mexico by the way.

[CdwJava]

California public intoxication beefs are pretty minor. Usually they are not prosecuted and resolved by "time served", but this is not always the case. In theory you could do jail time. In reality, you likely face alcohol counseling, a fine, and informal probation.

And, no, a sobriety test is not required and neither is a chemical test. All they need to have is a reasonable belief you were under the influence of alcohol or drugs and by virtue of your actions or condition you were not capable of caring properly for your own safety or that of others.

If you are not prosecuted, you can seek for the arrest to be purged from any state record. Ask your attorney about that.

- Carl

[itsmewhoelse]

a person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

• The offender may be endangered;
• There is endangerment to other persons or property; or
• The offender unreasonably annoys people in the vicinity.

[nmsnoboard23]

....to all replies, especially Carl. I've read some of your other posts regarding the topic and feel a little better about the potential outcome of this case. I may be overreacting in my worries about this, but with an otherwise clean record and a pending grad school application I don't want even a minor tiff to ruin my future.

One more question, I live in NM so my attorney will be attending the arraignment on my behalf but I was told by the law office that I would have to be present for any subsequent court dates. Is it likely that I will have to go to court in California or are these matters usually settled before a second court appearance is ordered?

Thanks

[CdwJava]

If it is filed, you will have to go to court at some time at least once.

- Carl

[booker_t]

I was detained (not arrested) for the same offense, 647(f)PC Public Intoxication on this past Monday night.

I am a 29yo 190lb male, and after dinner consumed approximately 4 beers and 2 shots between 8pm and 1:30am. My BAC was probably around 0.03-0.04 (I've used a personally owned breathalizer in the past to get a good gauge of how my body processes alcohol). No record, no prior convictions, arrests, etc.

Walking back to my hotel with a friend we were stopped by Monterey Police. They had us immediately sit on the curb. About 20 seconds later I was asked to stand up, put in cuffs, and taken to detention. Booked and held for 8 hours, but no charges were levied.

I contended that I was not drunk and requested a field sobriety test, breathalizer or blood test on the scene and again at the station, but it was denied. Upon reading the forum I see that it is not a requirement, and the officer's judgement is enough.

So my friend and I were walking back to the hotel, on the sidewalk. We were not loud, didn't urinate publically, didn't jaywalk, weren't falling down, were not committing vandalism. Walking and talking like normal people. Neither of us had car keys on us, and no intention of driving. No weapons, drugs, paraphenalia, otherwise. The officer gave no information about why the arrest was being made, or what led him to judge me as intoxicated, despite my asking.

The speed with which we were first approached and then detained was discomforting. The entire process took less than two minutes, probably less than one. I am confident they intended to arrest regardless of the circumstance, and were figuring they might find drugs, a weapon, or otherwise.

So it seems like this was just a detention, and not a true arrest. No charges filed, no court action, so there's nothing to have expunged or sealed as I understand it. The only record is that at the Monterey police dept files. If I'm asked on a job application if I've ever been arrested, can I still say no as this was just a detention for sobriety?

The officer that discharged me indicated a $10 fee to obtain a copy of the police report that may take several weeks for the officer to complete. Is that reasonable? It sounds outlandish to me.

Thank you for your time to answer my questions.

[Antigone*of*Greece]

This is called necroposting and bad decorum in our forum. Please start a new thread.

[CdwJava]

Originally Posted by booker_t

The officer that discharged me indicated a $10 fee to obtain a copy of the police report that may take several weeks for the officer to complete. Is that reasonable? It sounds outlandish to me.

Thank you for your time to answer my questions.

The officer doesn't set the fee schedule for reports, the city does. $10 is about standard fare ... my city still charges $3 and has for 20+ years, but most charge more.

And, yes, if there are no pending charges, you were likely released pursuant to PC 849(b)(2) which means specifically states that your situation was a "detention" only, and NOT an arrest, and no further action is requested.

- Carl