Defenses Used to Fight Drunk in Public Allegations
Potential Defense #1The location was not public. If the police arrested the suspect in a home, hotel room or other private place, there was no "public intoxication"...regardless of how drunk the suspect may have been.
Potential Defense #2Insufficient Evidence of Intoxication. A California criminal defense lawyer may argue that even if his client was buzzed or drunk, it nevertheless did not rise to the Penal Code 647f level of intoxication. The burden is on the state to prove (beyond a reasonable doubt) the defendant was so drunk as to be a danger to himself or others.
Potential Defense #3Lack of Probable Cause. Sometimes the police violate a person's rights in investigating a Drunk in Public situation. For example, they may detain a suspect without having witnessed him do anything apparently illegal. In this situation, a criminal attorney can bring a "suppression motion" seeking to have the entire case dismissed.