Fighting a Public Intoxication Charge

26 August 2011

Public intoxication is a common crime that common people can easily get arrested for.  If you’re arrested for being drunk in public, one of the most common defenses you may have comes from a common mistake made by the cops.

Cops will often times arrest you for simply being in drunk and being in public.  Fortunately, being drunk in public is not enough to be convicted of being drunk in public.  Let me explain.

To be convicted of public intoxication, the law specifically lays out the elements that the prosecutors must prove.  The first two elements are of course 1) being drunk and 2) being in public.  The third element is what the cops usually make their mistake on.  The third element says that you must also either be too drunk to care for your own safety or for the safety of others, or in the alternative, you must be so drunk that you are blocking a public pathway (i.e. – passed out on the ground or walking in the middle of the road).

The cops are usually quick to arrest people for public intoxication without realizing there is a third element to the crime.  If you’re charged with being drunk in public, consult with an experienced Orange County Public Intoxication attorney.

At the Law Offices of Nam Q. Doan | OC Legal Defense, I will fight to get your case dismissed and off of your record.  Call today at (714) 248-DOAN (3626) and visit www.OCLegalDefense.com and read the Public Intoxication section for more information.