Legal Question in DUI Law in California

First, getting a ticket doesn't mean that charges will be filed, and if you get an attorney (recommended) then your attorney may be able to get any charges dropped (either by pointing out that your husband's conduct doesn't violate the law, or by agreeing to AA meetings or a conditional dismissal as long as your husband doesn't violate the law for a certain length of time), or fight the charges and exonerate your husband.

Second, whether someone is "drunk in public" in violation of California Penal Code Section 647(f) depends in part on whether someone is intoxicated to the degree that he is unable to exercise care for his own safety, not just "drunk."

Third, whether someone is "drunk in public" in violation of 647(f) depends in part on what is "public." Generally, courts will use the definition from the California Supreme Court of an "area open to common or general use," which theoretically could include someone's front yard, unless it is fenced and closed.

This is not a terribly complex area of the law, but every case is different from the next, and it may not be enough for the cop to simply argue your husband was "drunk" or for your husband to simply argue that he was "on his own property."

If charges are filed, then your husband should get a lawyer to examine these issues and give him advice tailored to his situation, resources and goals.

If you live in Sonoma County and wish to hire a DUI lawyer, or browse DUI information, please visit my website at www.sonomacountyduilawyer.com

Good luck to you and your husband,

Jake