Drinking in Public California – Is it illegal?

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. It is also a misdemeanor to be so intoxicated that you are unable to care for your own safety.

However now that Senate Bill 969 passed, California cities and counties will be allowed in 2025 to designate local “entertainment zones” in which you could drink on public streets and sidewalks.

Is it against the law to drink alcohol in public in California?

Yes, it is generally against the law to drink alcohol in public in California. Public intoxication is a form of disorderly conduct if you are so drunk that you are unable to care for yourself or for others. Even possessing an open container of alcohol is usually an infraction.

California state law makes it an infraction to violate a local ordinance that forbids the possession of an alcoholic beverage or drinking alcohol in any:

• public park,
• public place,
• recreation or park district,
• regional park, or
• open-space district.¹

This covers any receptacle containing an alcoholic beverage that has:

• been opened,
• had its seal broken, or
• been partially depleted.²

Violating this law is only an infraction, though. It does not carry any jail time. It is also not considered a crime. Instead, you receive a ticket.

The only exceptions to the law are when the possession is:

• within an area that has obtained a license for alcohol, or
• for recycling purposes.³

What if I am underage?

If you are under the age of 21, it is a misdemeanor to possess any alcoholic beverage anywhere that is open to the public. The container does not have to be open.⁴

However, it is a complete defense if you were delivering the drink under the instructions of a parent or guardian.⁵

What about being drunk in public?

Under California Penal Code 647(f), it is a misdemeanor to be drunk in public. The law also covers being under the influence of a controlled substance, as well.⁶

Prosecutors have the burden of proving the following elements of the crime:

• you were willfully under the influence of alcohol,
• when you were under the influence, you were in a public place, and
• you were either unable to exercise care for your own safety or the safety of others, or were preventing the free use of a public way, like a street or sidewalk.⁷

Prosecutors have to prove each element beyond a reasonable doubt.

The term willfully means willingly or on purpose. You must have voluntarily consumed the alcohol for it to be willingly done. This means that a defense to a public intoxication charge is that you were involuntarily put under the influence by someone else. This can happen if, for example, someone else spiked your drink without your knowledge or consent.

A public place is anywhere that is open and accessible to whoever wants to go there. It includes both public property and private property. The key factor is whether you can go there without being challenged.⁸ It includes parking lots⁹ and being inside a closed and parked motor vehicle that is on a public street.¹⁰ It also includes the area outside a home that you can walk through without being stopped, even if it is private property.¹¹ It can even include the inside of a business, like a barber shop.¹² However, a fenced-in front yard is not a public place.¹³

Whether you were unable to exercise care to care for others’ safety is a question of fact. The judge or the jury will look at all of the facts and circumstances at trial.¹⁴ This includes many of the same pieces of evidence at play in a California DUI case, like:

• perceptions of the police officer,
• results of a breathalyzer, and
• perceived dangers to the public.

The police department in Los Angeles, however, generally does not prosecute public intoxication cases.¹⁵

What are the penalties for a conviction?

The penalties of a conviction will depend on the open container law being charged.

Disorderly conduct by way of public intoxication is the most severe offense. A drunk in public charge is a misdemeanor offense that is punishable with up to:

• 6 months in county jail, and/or
• $1,000 in fines.

If it is your first offense, you may be put on summary probation, instead.

Underage possession of alcohol is the next-most severe offense. It is also a misdemeanor. However, because you are under 21, the penalties are not as severe. Convictions are punished with:

• a $250 fine, or
• between 24 and 32 hours of community service.¹⁶

The offense, though, is a priorable one. This means that the penalties of a conviction rise for subsequent offenses. A conviction for a second or subsequent violation carries:

• up to $500 in fines, and/or
• between 36 and 48 hours of community service.¹⁷

The judge may require that the community service be done at a local alcohol treatment program or facility, or at the county coroner’s office.

Possession of an open container of alcohol in public is the least severe offense. It is only an infraction. Infractions do not carry any jail time. Instead, you receive a ticket and a court date, much like a traffic violation. The ticket can carry a fine of up to $250.

These penalties can increase if you are facing a charge for a related offense, especially if it is for a motor vehicle offense, like driving under the influence.

To avoid these penalties, you should strongly consider establishing an attorney-client relationship with a criminal defense attorney to get their legal advice.

Are there any exceptions to California’s laws against drinking in public?

There are 3 main exceptions to California’s laws against public alcohol possession and consumption:

• underage possession was pursuant to an adult’s instructions,
• the possession was pursuant to a valid license, and
• the possession was for the purpose of recycling the can or bottle.

California law recognizes that underage people may be sent on errands by their parents, including for alcoholic beverages. The adult’s instructions to deliver alcohol, however, must be reasonable. The minor must follow them within a timely manner. If either of these is not the case, the exception to the law does not apply. It is possible that the minor is no longer following those instructions and the possession is for personal use.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Prohibiting public drinking in urban public spaces: A review of the evidence – Drugs: Education, Prevention, and Policy.
• Public Drinking and Violence: Not Just an Alcohol Problem – Journal of Drug Issues.
• Effects on criminal violence of different beverage types and private and public drinking – Addiction.
• ‘Wicked problems’: The social conundrum presented by public drinking laws – Drugs: Education, Prevention, and Policy.
• Public drinking, problems and prevention measures in twelve countries: results of the WHO project on public drinking – Contemporary Drug Problems.