Description

If you are Drunk in Public you may be charged with a crime. The law allows that any person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of such, or who obstructs any public walkway may be charged with a misdemeanor.

What does the prosecutor have to prove?

1. Defendant was in a public place.
2. Defendant was under the influence of intoxicating liquor, a drug, or controlled substance, toluene, or a combination of intoxicating liquor, drug, controlled substance, or toluene.
3. Defendant was unable to exercise care for his or her own safety or the safety of others. or
3. Defendant interfered with, obstructed, or prevented free use of a street, sidewalk or other public way by reason of Defendant being under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene.

Punishment

Misdemeanor: 0-180 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	Yes
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	May
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No