Los Angeles Drunk In Public Defense Attorney

drunk in public 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.

What Counts as Public Intoxication in Los Angeles?

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.

What Prosecutors Must Prove in a Los Angeles Drunk in Public Case
  • 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.
Where Drunk in Public Arrests Commonly Happen in Los Angeles
  • 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.

Penalties for Public Intoxication in Los Angeles and Hidden Consequences

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.
How Police Investigate Drunk in Public Charges in Los Angeles

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.
Effective Legal Defenses for Public Intoxication Charges in Los Angeles
  • 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.
Alternative Sentencing and Diversion Programs in Los Angeles
  • 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.
How to Clear or Seal a Drunk in Public Arrest or Conviction in California

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.

Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.
  • 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.
Immediate Steps If You Have Been Arrested or Cited
  • 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.
Frequently Asked Questions About Public Intoxication Arrests and Legal Defense in Los Angeles

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.

Why Acting Quickly Matters in a Drunk in Public Case

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.

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★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.