Under 21, Public intoxication.

[nska]

What is the name of your state (only U.S. law)? San Jose, California (Santa Clara County)

My sister went to jail last night for public intoxication and she is 19. She was not given a field sobriety/breathalyzer test. She did not have ID on her at the time but did however agree to give the authorities her name (though I'm not sure what other information she gave out other then her name), and also had a picture and her fingerprint taken. Upon release they gave her a paper with a court date on it (though again, I'm not sure what else is on that paper other than a court date).

I'm already going to assume she's going to have to do some community service and/or get counseling and a probably a huge fine.

My main concern is how big of a charge this is because she is under 21. Will this show up on her record? and if so, is there any way to get it removed? Will this affect her holding a driver's license (she was not driving when she was arrested)? I don't want this to affect her ability to get a job in the future.

Should she get a lawyer right now? contact the public defender's office? Please advise.What is the name of your state (only U.S. law)?

[CdwJava]

Originally Posted by nska

My sister went to jail last night for public intoxication and she is 19.

Was she charged with PC 647(f) or some other offense?

She was not given a field sobriety/breathalyzer test.

That is not required for a public intoxication arrest.

Upon release they gave her a paper with a court date on it (though again, I'm not sure what else is on that paper other than a court date).

The charge would be helpful.

I'm already going to assume she's going to have to do some community service and/or get counseling and a probably a huge fine.

Probably a fair assumption

My main concern is how big of a charge this is because she is under 21. Will this show up on her record? and if so, is there any way to get it removed?

If convicted of 647(f), yes, it will appear on her criminal history. When she completes her sentence - including paying all fines, counseling and probation time, she can apply for an expungement per PC 1203.4. That will mean she will not have to admit to the conviction if asked by most potential employers.

Will this affect her holding a driver's license (she was not driving when she was arrested)? I don't want this to affect her ability to get a job in the future.

Yes, the court "SHALL" suspend her license for up to one year upon a conviction. She can apply to the court for a restricted license, however.

Should she get a lawyer right now? contact the public defender's office? Please advise.What is the name of your state (only U.S. law)?

The public defender's office (if your county is large enough to have such an office) would not get involved until after the arraignment (the first court hearing). If she has little income and insufficient assets she could qualify for a public defender at or after the arraignment. If she has the means, she should consult an attorney now rather than later.

- Carl

[nska]

Thanks for the reply, i'll check back with her to see what the actual charge was, which I'm assuming is written on that paper with the court date on it.