Legal Question in DUI Law in California

I was arrested for being drunk in public about a week ago. The only papers i recieved were my release order and my personal property reciept. my release order says that the ''charges: 647(f) P.C.'' and that iI was ''Released per 849b(2) PC No Further Proceedings'' MY question is whether or not this will be on my record.


Asked on 3/09/12, 7:21 am

1 Answer from Attorneys
Brian McGinity McGinity Law Office

The Charges regarding California Penal Code, section 647(f) are "drunk in public." So you were arrested for being drunk in public. California Penal Code 849(b)(2) provides that any peace office may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever:

(2) The person arrested was arrested for intoxication only and no further proceedings are desirable.

It sounds like you were arrested for being drunk and they just wanted to hold you until you sobered up. However, I suggest you check it in a few months by having a live scan done. It is not the best thing to have a drunk in public charge on your record for some employment positions. You could try to have the arrest removed under 851.5 of the California Penal Code, but you must have it done before 2 years from the date of arrest.

If you want some specific guidance please contact our office through our website at www.brianmcginitylaw.com .

Good luck

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Answered on 3/09/12, 4:22 pm


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