Disorderly conduct or public intoxication is defined by Penal Code 647f Drunk in Public. The code makes it misdemeanor to be under the influence of drugs or alcohol in public to the extent that they cannot exercise car for their own safety. The statute reads:
Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor…Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, toluene, in a condition that he or she is unable to exercise care of his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with obstructs or prevents the free use of any streets, sidewalk, or other public way.
The misdemeanor will show up on a criminal background check which could be problematic in obtaining a job. Public has been defined as a city street, shopping mall, sidewalk, restaurant, or night club. It basically entails any place open to the general public. To be convicted, one must be very intoxicated to the point that they need assistance from someone else. It would be a person who is about to pass out. Penalties include probation, fines, and up to six months of jail time.
Defense attorneys have been able to get charges dismissed in some cases. The probability of this increases if it is a first offense. Often deals can be arranged where AA meetings are attended and charges can be dismissed. If you are facing charges from public intoxication, call the Law Office of Daniel Jensen, P.C. at (408) 296-4100 to have a free consultation with a San Jose criminal lawyer today.