Alcohol Crimes FAQ Blog – What You Need to Know If You’re Facing Charges in Southern California

If you or someone you care about has been cited or arrested for an alcohol-related offense in Southern California—whether it’s public intoxication, open container violations, or cycling under the influence (CUI)—you probably have urgent questions about your rights, the legal process, and what to do next. This FAQ is designed to provide clear answers to the most common inquiries we receive at Power Trial Lawyers, a criminal defense firm proudly serving Los Angeles County, Orange County, Long Beach, San Diego, Riverside, and all surrounding counties.

What is public intoxication in California?

Public intoxication is defined under Penal Code §647(f). It involves being under the influence of alcohol or drugs in a public place to the extent that you’re either a danger to yourself or others or are obstructing public areas. This is a misdemeanor offense, even if you didn’t hurt anyone.

Is public intoxication the same as a DUI?

No. A DUI (Driving Under the Influence) under Vehicle Code §23152 requires that you were operating a motor vehicle while impaired. Public intoxication only requires being intoxicated in a public space with additional disruptive or dangerous behavior.

Can I be arrested for holding a drink in public?

Yes. If the container is open and you’re in a place not designated for alcohol consumption (e.g., sidewalks, beaches, public parks), you could be cited under Business & Professions Code §25620. This is common in cities like Los Angeles, Huntington Beach, and Long Beach.

What’s the penalty for cycling under the influence?

Cycling under the influence (CUI) is an infraction under Vehicle Code §21200.5. The penalty is a fine up to $250. However, for minors, a conviction could delay or restrict the issuance of a driver’s license.

Will an alcohol-related offense show up on my record?

Yes. Even infractions like public drinking may appear in background checks unless expunged or sealed. At Power Trial Lawyers, we help clients petition for expungements under Penal Code §1203.4 when eligible.

Do I need a lawyer for an infraction like an open container ticket?

While it’s not required, legal representation helps ensure your record remains clean, especially if you’re applying for jobs, professional licenses, or immigration status. In some cases, we may be able to get these citations dismissed or resolved through diversion.

What are diversion programs and am I eligible?

Many counties in Southern California, including Los Angeles and Orange, offer pretrial diversion under PC §1001.95 for low-level offenses. Successful completion can result in dismissal of charges. We evaluate eligibility on a case-by-case basis.

Can I fight a public intoxication charge if I wasn’t really drunk?

Yes. Arrests are often based on an officer’s observations, which are subjective. We challenge probable cause, lack of impairment evidence, and unlawful detentions. If breath or sobriety tests weren’t administered, that can help your case.

How does Long Beach treat alcohol offenses?

Long Beach Police Department (LBPD) frequently patrols areas like Belmont Shore, Shoreline Village, and Downtown. They issue citations aggressively during events and weekends. We’ve handled numerous cases in Long Beach courts and understand their local procedures.

Can alcohol-related charges affect my immigration status?

Yes. Even a misdemeanor can trigger immigration consequences for non-citizens under federal law. It is critical to work with a defense attorney who understands both criminal and immigration law. Power Trial Lawyers partners with immigration counsel when needed.

What are my next steps after being cited or arrested?

• Don’t admit guilt or make statements to police.
• Contact an experienced criminal defense attorney.
• Document the events leading up to the arrest.
• Show up for court or let us appear on your behalf.
• Consider options like diversion, plea negotiation, or trial.

Why Hire Power Trial Lawyers for Alcohol Crimes in Southern California?

We take a proactive, local-first approach to criminal defense. Whether your arrest occurred in Hollywood, Santa Ana, Long Beach, or Riverside, we’re ready to:

• Challenge improper arrests and search procedures
• Negotiate dismissals through diversion or plea agreements
• Defend clients at trial or in suppression hearings
• Seal and expunge criminal records

Our team knows the local prosecutors, judges, and procedures in every Southern California county—and we use that insight to your advantage.

📞 Request Your Free Consultation

Facing a public intoxication or alcohol-related offense? Call Power Trial Lawyers at 213-800-7664 or contact us online for a free and confidential consultation.

We serve:

• Los Angeles County
• Orange County
• Long Beach
• Riverside
• San Diego
• San Bernardino
• Ventura