FAQs About Alcohol-Related Crimes in California
California law outlines many alcohol-related offenses and people often have many questions about them. This is particularly true when you have been charged with an open container violation, public intoxication, or cycling under the influence. Below, our San Diego criminal defense lawyer provides the answers to your urgent questions regarding your rights and the next steps to take.
What is the Offense of Public Intoxication?
The California Penal Code defines public intoxication as being under the influence of drugs or alcohol in a public place. In order to be charged with this offense, you must be a danger to yourself or others, or obstruct public areas. Even if no one became hurt as a result, you can face misdemeanor charges for this offense.
Is it Possible to Fight Public Intoxication Charges?
Public intoxication charges are often the result of a police officer’s observations, and these are highly subjective. A criminal defense lawyer can challenge probable cause, unlawful detentions, and lack of evidence of impairment.
Can I Legally Hold a Drink in Public?
It depends. While some public areas, such as sidewalk cafes and certain entertainment zones, allow people to hold an open drink in public, many locations do not. These include public parks, beaches, and sidewalks. If you are found with an open container in these areas, you may be cited under the Business and Professions Code. A citation for an open container carries a penalty of $100 to $250. However, if there are additional charges, such as severe public intoxication, you could face up to six months in jail and a much higher fine.
Is Cycling Under the Influence Against the Law?
Cycling under the influence (CUI) is illegal and considered an infraction under California’s Vehicle Code. Individuals may face a fine up to $250 if they are stopped by law enforcement. If minors are cited, it could restrict or delay the issuance of their driver’s license.
What Should I Do if I am Arrested or Cited for an Alcohol-Related Offense?
While citations may sound fairly minor, and even an arrest for an offense such as public intoxication may not sound very serious, it is important to give these matters the attention they need. Being arrested or cited will remain on your record, which could negatively impact your future. The steps to take after an arrest or citation are as follows:
- Do not make any statements to police, even to tell your side of the story.
- Document the events that led to the arrest.
- Contact a San Diego criminal defense lawyer.
- Attend all court hearings or ask your lawyer to attend on your behalf.
Call Our Criminal Defense Lawyer in San Diego for a Consultation
If you have been arrested or cited, our San Diego criminal defense lawyer can help. At Anthony Z. Vargas, Esq., our experienced attorney can answer your questions, advise you of your legal options such as diversion programs, and guide you through the process so you obtain the best possible outcome. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
