Legal Question in DUI Law in California

Let's take your questions in order:

Is this a misdemeanor? Yes. FMC 7.17.010 makes it a misdemeanor to consume alcoholic beverages in public (with a few exceptions).

The punishment for misdemeanors unless otherwise specified is up to 6 months in the Orange County Jail and/or a fine of $1,000.

Will this go on your record? Only if you're convicted. The goal is to not have this end up as a conviction that you'll have to disclose and explain away every time you go to apply for a job.

Every case is unique and whether the Orange County DA's office adds additional charges on top of the municipal code violation depends on the facts as alleged in the reports connected with your case. I practice in all courts in Orange County, including North Court where your case will be heard. On a misdemeanor, I can make the court appearances on your behalf and try to get this off your record forever. Let me know if you want to discuss it further.

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If convicted of any criminal charge, that record is 'forever', that is the whole point of DOJ record keeping. As always, your options are to plea bargain a deal, or take it to trial. Your goal is to have your attorney negotiate a 'deal' you can accept. If serious about doing so, feel free to contact me.

Keep in mind that even if you plead or are convicted, such conviction can be 'expunged' by proper application and Motion to the court, once you have completed all terms of probation, and if you have no new charges. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most employment applications. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.