How much jail time can someone get if they are caught drunk in public? 11 Answers as of February 29, 2012

A friend of mine got caught under the influence of alcohol and his mother is concerned about how much time he will spend in jail. He is 19 years old so it is also underage drinking.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Most times it is time already served. So between 0 and 90.
Answer Applies to: California
Replied: 12/23/2010
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
If this a first offense, no jail time will occur. Depending on the court, if he does so many AA Meetings within a prescribed time, the case is usually dismissed.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/21/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
The maximum jail time would be 6 months, but it is very unlikely that a court would imposed that for a first offense. Driver's license could also be suspended for one year. There are defenses to public intoxication. I recommend that your friend not plead guilty and consult a lawyer.
Answer Applies to: California
Replied: 12/21/2010
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
If this is a first offense, he is likely to be sentence to probation, assuming he has good representation.
Answer Applies to: California
Replied: 12/20/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If the charge is first offense 647(f) "Drunk in Public," then it is a misdemeanor. The consequences Misdemeanors can include up to 6 months in jail, as well as fines and probation. A good criminal defense attorney can avoid such a sentence though. I don't have the alleged facts of your case, but based on your concern, I would recommend hiring an attorney. Please call me if you would like to discuss the case further. Also, what Court is your case out of?
Answer Applies to: California
Replied: 12/20/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    A skilled lawyer can probably negotiate this kind of charge down to an infraction or even a dismissal, where no jail time would be required. Contact a lawyer.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    He will most like do no jail time. He should hire an attorney to deal with this.
    Answer Applies to: California
    Replied: 12/20/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Max: 6-12 months in jail on each misdemeanor count. How likely? Not very. More reasonable expectation is that his attorney will be able to negotiate a no jail probation deal with some fines and probably some alcohol school requirements. If serious about hiring counsel, have him contact me.
    Answer Applies to: California
    Replied: 12/20/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    if he has no priors he should get probation.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    If it his his first offense probably no jail tome at all. Likely probation and fines.
    Answer Applies to: California
    Replied: 2/29/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Do not worry too much. Being drunk in public is charged as a misdemeanor 647(f). In most instances jail time is not necessary. However, you are looking at up to 6 months in jail by statute. It is a good idea to consult with an attorney about the case.
    Answer Applies to: California
    Replied: 12/20/2010
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