DRunk in public as a passenger in a vehicle

[AAl1]

California: On 10/15/2010 I was arrested as a passenger in a vehicle for drunk in public.

I was in a vehicle that was pulled over in a traffic stop. The driver of the vehicle was sober and wasn't even issued a traffic violation. I did not mouth off to the police officer. I simply stated my name and gave him my ID. I've had 3 previous dui charges. Subsequently i was arrested and charged with drunk in public.

The sad part is I had not drank in 4.5 hours. Earlier in the day we we're at a professional football game (in Oakland)where I was drinking. I passed out on the 4.5 hour drive home. I didn't wake untill we were pulled over. My eyes were red as the report states.

What are my options???

[FlyingRon]

As far as the "in public" part goes, the car on the road is in public.

As far as the the 647 (f) PC you have to not only be intoxicated but also "in a condition that he or she is unable to exercise care for his or her own safety or the safety of others" or such that it "interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way."

I don't see how simply sleeping it off in the right seat qualifies. I'd talk to a lawyer.

[CdwJava]

You were arrested as a sleeping passenger?

Was the driver cited or arrested? I can see arresting you if the driver was unable to continue because he was unlicensed or arrested (assuming you were too impaired to safely walk home from where you were), but if the driver was sent on his way this will be a hard hurdle to clear.

Ultimately, most 647(f) arrests are settled by the arrest itself and considered to be a detention only per PC 849(b). If the state does not file, then no defense will be necessary. If you are charged, consult legal counsel.

As a side note, with three prior DUIs is it possible you were on probation - even COURT probation - with a stipulation against consuming any alcohol?

[wrongsometimes]

dont drink & drive ... have a friend drive you home... lol right? Seems as if you are not guilty of the charge

[CdwJava]

The only angle I can see to make this good would be if the OP was so drunk as to have been passed out, vomiting, or somehow sloppy drunk.

Until the report is released to defense counsel, no one knows what the state's case is.

But, as I said, most of these cases are settled by arrest and are later dropped.