Los Angeles Drunk In Public Defense Attorney

Public-intoxication arrests are among the most common misdemeanors filed in Los Angeles County. Yet, few people understand how much is at stake until the citation is in their hands. A “simple” drunk-in-public conviction can jeopardize employment, immigration status, security clearances, and professional licenses. It may even count as a prior if you are stopped again. If you are charged with being drunk in public, you must have a skilled and knowledgeable criminal defense attorney on your side to explore the variety of defenses and options available.

At Kraut Law Group Criminal & DUI Lawyers, Inc., we draw on decades of criminal-courtroom experience. Former Deputy District Attorney Michael Kraut personally handled numerous § 647(f) cases on the prosecution side before devoting his practice to defense, to protect our clients from the long-tail consequences of a night gone wrong. This page explains the law, typical police tactics in Los Angeles, proven defense strategies, and the critical steps to take now.

California Penal Code § 647(f) makes it a misdemeanor to be in a public place while so intoxicated (by alcohol, drugs, or a combination) that either:

• You cannot exercise care for your safety or the safety of others, or
• Your intoxication obstructs, interferes with, or prevents the unrestricted use of a public way.

Importantly, “willfully” becoming intoxicated is an element. If your drink was spiked or medication reacted unpredictably, the statute may not apply. Likewise, the location must truly be “public.” Front porches, apartment hallways, store parking lots, city buses, Metro stations, and even parked cars on the street generally qualify; private homes, hotel rooms, or fenced backyards do not.

• Voluntary intoxication: drugs, alcohol, or both.
• Presence in a public place as defined above.
• Danger or obstruction: either inability to care for safety or blocking/impeding the public’s use of a space. Being drunk and loud is not enough; there must be a safety risk or interference with others.

• Hollywood nightlife sweep: LAPD’s Hollywood Division routinely conducts weekend “disorderly conduct” sweeps near Cahuenga and Hollywood Blvd clubs. Individuals are often detained on the sidewalk after the bar closes.
• Venice Beach patrols: The Pacific Division monitors the Venice Boardwalk using § 647(f) when someone passes out on the sand or becomes aggressive toward pedestrians.
• Metro Rail platforms: Transit Services officers issue § 647(f) citations for apparent intoxication that blocks turnstiles or entrances.
• Sporting events & concerts: SoFi Stadium and Crypto.com Arena security detain fans who stumble into traffic lanes or refuse to comply with ejection orders.

These contacts frequently begin with a welfare check or a trespass complaint but convert to a drunk-in-public booking when an officer believes a person is uncooperative. Body-camera footage and dispatch logs are, therefore, crucial discoveries.

A first conviction carries up to six months in county jail, up to a $1,000 fine, and three years of summary probation. The Los Angeles County bail schedule sets presumptive bail at $250 plus court assessments, meaning most arrestees are cited out or released on their recognizance, yet still face the full criminal filing.

If you accrue three drunk-in-public convictions within twelve months, the court must impose a minimum ninety-day jail term unless it substitutes at least sixty days in a licensed alcohol-treatment facility.

Collateral fallout can include:

• Professional licensing issues (nurses, teachers, security guards, real estate brokers).
• Immigration exposure for specific visa categories where alcohol-related offenses signal substance-abuse concerns.
• Security-clearance problems for government contractors.
• Driver’s license held if the court orders an alcohol program and you fail to enroll.
• Difficulty attaining expungement if probation terms are violated.

Unlike DUI, § 647(f) investigations do not require chemical testing. Officers rely on observations such as slurred speech, unsteady gait, odor of alcohol, fight-starting behavior, or blocking a sidewalk. Many cases hinge on subjective perceptions recorded in a brief arrest report.

Key constitutional touchpoints:

• Fourth Amendment seizure: Was the initial stop lawful? If police detained you without reasonable suspicion.
• Probable-cause requirement: Body-cam or witness videos that contradict claims of danger/obstruction can destroy the People’s case.
• Search-incident limits: After handcuffing, officers sometimes search pockets “for identification.”
• Misuse of PC § 849(b)(2) release authority: Officers may detain you until sober without a criminal filing; if they instead book you to punish uncooperative behavior, we highlight this in negotiations.

• The location is not public. Evidence that the incident occurred in a gated lot, private Airbnb, or rideshare vehicle can defeat the charge outright.
• No objective danger or obstruction. Surveillance video and civilian witnesses often show a defendant calmly waiting for a ride, contradicting allegations of sidewalk blocking or aggression.
• Involuntary intoxication. Drink spiking, prescription interactions, or medical episodes (hypoglycemia can mimic drunkenness) negate the “willful” element.
• Police credibility challenges. Inconsistencies between body-cam footage, arrest report, and officers’ testimony create reasonable doubt. Many Los Angeles jurors are skeptical of “catch-all” § 647(f) arrests.
• Diversion and deferred-entry programs. For first offenders, we frequently secure informal diversion (case dismissed upon completion of an alcohol-education class) or judicial diversion under PC § 1001.95.
• Civil compromise. If minor property damage occurred (e.g., a knocked-over café table, taxi vomit cleanup), paying restitution can position the case for dismissal under PC § 1377.

• Office of Diversion and Reentry (ODR) Clinician Referral: For clients with co-occurring mental-health or substance-use disorders, placement in ODR housing or outpatient treatment can substitute for jail.
• LAMC 41.18 Community Care referral: LAPD may transport individuals to sobering centers; acceptance documentation bolsters dismissal negotiations.
• Judicial diversion under PC § 1001.95: Allows the court to halt proceedings for up to twenty-four months while you complete agreed-upon terms; successful completion results in dismissal and records sealing.
• Misdemeanor diversion for veterans under PC § 1001.80: particularly useful if the arrest stemmed from PTSD or service-related issues.

Even if you only received a citation and release, the arrest remains visible on Live Scan until it is addressed. Post-case options include:

• Sealing of arrest under PC § 851.91 when no charges are filed.
• Expungement under PC § 1203.4 after you finish probation.
• Factual-innocence motion under PC § 851.8 in rare situations where evidence conclusively shows you were not intoxicated.

Our firm files the necessary petitions and appears at hearings to ensure records are cleared.

• Insider perspective: Michael Kraut served as a deputy district attorney in the courthouses where your case will be heard, Downtown LA, Van Nuys, Airport, East LA, and Long Beach.
• Aggressive motion practice: We routinely subpoena dispatch audio, CAD logs, body-cam, and CCTV, then file suppression and Pitchess motions to uncover officer misconduct.
• 24/7 availability: Arrests happen at 2 a.m.; we answer at 2 a.m.
• Reputation for trial readiness: Prosecutors know we will pick a jury when dismissal or diversion is unfairly denied.
• Comprehensive client care: From helping you retrieve impounded property to connecting you with licensed counselors for substance-abuse assessments, we manage the details so you can return to everyday life faster.

• Write down everything. Exact location, officers’ names, witness contacts, what was said, and whether field tests were performed. Memories fade within days.
• Preserve video evidence. Request copies from nearby businesses or rideshares; many cameras overwrite within a week.
• Do not plead at arraignment without counsel. Even “no contest” creates a criminal record.
• Contact our office promptly. Early intervention can stop charges before they are filed.

Q: “Will a drunk-in-public conviction appear on a background check?”
Yes. It is a misdemeanor and will show up until expunged. Many employers treat it similarly to a DUI.

Q: “Can the police force me into a breath or blood test?”
No. § 647(f) does not require chemical testing. However, refusing field sobriety or PAS breath tests may be portrayed as consciousness of guilt, so strategic advice is critical.

Q: “I was simply sleeping in my parked car. Can that be 'public'?”
Courts have held that a vehicle on a public street is generally a public place. Defenses focus on the lack of danger/obstruction and the right to rest without harassment.

Q: “Do I need a lawyer for a citation?”
Absolutely. Quality defense can mean the difference between a lifetime criminal record and a clean slate through diversion or dismissal.

Public-intoxication cases may look minor on paper, but in practice, they threaten jail time, heavy fines, and damaged futures. You have defenses, many highly effective in Los Angeles courts. The sooner you retain experienced counsel, the more options remain on the table, evidence can be preserved, witness memories secured, and negotiations shaped before the prosecutor’s mind is set.

If you or a loved one has been arrested or cited for Drunk in Public under Penal Code § 647(f), contact Kraut Law Group Criminal & DUI Lawyers, Inc. for a free, confidential consultation. Former prosecutor Michael Kraut will personally evaluate your case and outline a roadmap to the best possible outcome.