What is the penalty for drinking in public in California?
Asked by: Alessia Cremin | Last update: February 4, 2026Score: 4.9/5 (58 votes)
In California, drinking in public can lead to penalties for Public Intoxication (PC 647(f)), a misdemeanor with up to 6 months in jail and/or a $1,000 fine, or an Open Container Violation, often an infraction with fines up to $250, depending on local ordinances and the specific situation; penalties increase for repeat offenses, and minors face license suspension and other charges for possession.
Can you go to jail for drinking in public in California?
Drunk in public under California Penal Code Section 647(f) PC is a misdemeanor offense that is punishable by up to six months in jail and a $1,000 court fine.
Can you drink while mowing your lawn?
Consequently, there is a strong possibility that driving a riding lawnmower under the influence, even on your property, could lead to a DUI charge.
Can you drink beer on the beach in California?
However, in order to keep the beaches clean and safe for public use, California State Parks has several regulations governing alcohol, glass bottles, and beach fires. Alcohol in NOT ALLOWED on the beach at any time. Glass bottles or other glass containers are not allowed on any State Beach at any time.
Can you drink on the sidewalk in California?
Can You Drink on the Sidewalk in California? Drinking alcohol on a public sidewalk is generally prohibited throughout California. Open container laws restrict the consumption of alcohol in public spaces, including sidewalks. Violators may face fines or other legal consequences.
LAWYER: Drunk in Public | PC 647 (f) California
Can you bring alcohol to a public park in California?
The possession and/or consumption of alcoholic beverages (this includes alcohol poured into a different container) is prohibited in all day use areas.
Can passengers drink in a car CA?
It is illegal to drink any alcohol, to smoke or eat a cannabis product while you are driving or riding as a passenger in a vehicle. If you are carrying any alcohol or cannabis in your vehicle, the container must be sealed and unopened.
How do you beat a public intoxication charge in California?
Some common defenses for Drunk in Public charges include:
- The intoxication did not occur in a public place.
- The arresting officer did not take measures to accurately determine the level of intoxication.
- The intoxication was not willful.
- The officers violated your constitutional rights.
Can a bartender go to jail for overserving?
Can a Bartender Go to Jail for Over-Serving? While it is unlikely that a bartender would face jail time for over-serving a patron, there are circumstances under which they could be held partially accountable.
How to avoid jail time for 1st DUI in California?
Most first-time DUI offenders will have alternative sentencing options to avoid jail time. In California, some of the common sentencing alternatives to jail for driving under the influence (DUI) include drug or alcohol treatment or rehabilitation and the Mothers Against Drunk Driving (MADD) Victim Impact Program.
Can I refuse a breathalyzer test?
While it is your right to refuse a breathalyzer test in California, doing so comes with its own set of consequences. These consequences include automatic license suspension, potential enhancement of penalties, and the potential impact on your legal defense.
Do most people go to jail for DUI?
A: Unlike in some states, jail time is uncommon for a first-time DUI offense in California. A first-offense conviction can result in penalties such as misdemeanor probation, DUI school, fines, and license suspension. However, jail is only typical in certain California counties or if other factors exacerbate the crime.
Can I drink in the mall?
It's not only a public nuisance but also unlawful to consume alcohol outside or close to liquor outlets, including parking areas. This behaviour may be rare in large shopping malls, but it's not uncommon in neighbourhood or community shopping centres.
Is spitting on the street illegal in California?
It is unlawful for any person to spit or expectorate any secretion, saliva, or other substance in any place open to the public, upon any street, alleyway, walkway, gully, telephone booth, park or other public way, or in any parking lot to which the public has access, in or upon any premises, public property or vacant ...
Are there clothing optional beaches in California?
More Mesa Beach is a narrow beach hidden away below the bluffs known as More Mesa Open Space. There is very little sand at high tide. Because of the remoteness it is popular with nude sunbathers. The clothing-optional beach is to the right/west once you reach the beach.
Can you walk with a beer in California?
It is generally illegal to drink in public in California outside of a licensed venue such as a bar, restaurant or tavern. State and local laws make it an infraction to possess an open container of alcohol in public and a misdemeanor for a minor to possess any alcohol in public.
Can you smoke a blunt at the beach?
You can't use, smoke, eat or vape adult-use cannabis in public places. It's illegal to smoke cannabis in locations where smoking is illegal—that means beaches, parks, sidewalks, bars, restaurants, hotels and buildings open to the public are all no-no's.