Legal Question in Criminal Law in California

is "drunk in public" and "drinking in public" different


Asked on 4/24/10, 7:38 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

There's a huge difference. Drinking in public (also known as possession of alcohol in public) is usually a violation of a city or county ordinance, assuming you're over 18. It can be a misdemeanor or an infraction. Drunk in public is a misdemeanor violation of Penal Code section 647(f).

To prove drinking in public, they just have to show you possessed alcohol in an area that it was prohibited. To prove drunk in public [public intoxication under 647(f)], they have to show you were so intoxicated that you were unable to care for your own safety or the safety of others.

Read more
Answered on 4/29/10, 3:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Sure. You can drink in public without becoming drunk. You can also be drunk in public after drinking in private. Neither of these charges implies that the defendant also committed the other.

Read more
Answered on 5/04/10, 2:36 pm


Related Questions & Answers

More Criminal Law questions and answers in California