{"id":3187,"date":"2017-09-28T20:24:45","date_gmt":"2017-09-28T20:24:45","guid":{"rendered":"https:\/\/vikbajaj.wpengine.com\/?p=3187"},"modified":"2017-09-28T20:24:45","modified_gmt":"2017-09-28T20:24:45","slug":"fighting-charges-for-being-drunk-in-public-in-san-diego","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/fighting-charges-for-being-drunk-in-public-in-san-diego\/","title":{"rendered":"Fighting Charges for Being Drunk in Public in San Diego"},"content":{"rendered":"

Earlier this summer, actor Miles Teller was reportedly arrested in Pacific Beach for being drunk in public<\/a>. Teller was in town visiting a friend when he ran into a San Diego police officer shortly after midnight. The officer described Teller as visibly intoxicated, stating that he was slurring his speech, had difficulty keeping his balance, and almost fell into the street. Believing Teller was \u201cunable to care for his own safety,\u201d the San Diego police officer took him into custody<\/a>.<\/p>\n

It is not a crime to drink if you are over the age of 21. It is not a crime to be in public. When, then, does it become a crime to be in public while drunk? California has specific laws that explain which behavior can get you arrested for public intoxication.<\/p>\n

Public Intoxication in California<\/h2>\n

California Penal Code Section 647f PC<\/a> defines the crime of public intoxication. You can be charged with the crime of being drunk in public if you were willfully under the influence of drugs and\/or alcohol while in a public place, and<\/p>\n

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  1. You were unable to exercise care for your own or another\u2019s safety; or<\/li>\n
  2. You were interfering with, obstructing, or preventing the free use of a street, sidewalk, or other path.<\/li>\n<\/ol>\n

    So, there are a few ways you can actually be arrested for being drunk in public. First, you can be arrested for being drunk in public if a police officer thinks that you are so drunk that you cannot safely care for yourself or others<\/a>. Miles Teller was reportedly arrested for this reason. The San Diego police officer believed that he was so drunk that he could not safely care for himself.<\/p>\n

    Second, you can be arrested for being drunk in public if you are interfering with or obstructing public space<\/a>. This basically means you can be arrested for lying on a sidewalk, standing in the middle of the street, or other behavior that makes it difficult or unsafe for others share that space with you.<\/p>\n

    Defining Public Space<\/h2>\n

    You can only be arrested and charged with being drunk in public if you were actually in public. What qualifies as \u201cpublic\u201d for the purposes of the law? A location will be considered to be public if it is open to common or general use, participation, or enjoyment<\/a>. It is important to note that other people do not have to be present for an area to be considered public. Examples of locations that will probably be considered public include:<\/p>\n