Public intoxication or drunk and disorderly laws vary from state to state, but generally these charges occur when a person displays some evidence of intoxication in a public place. The intoxicated person is usually being obnoxious, aggressive, or violating the rights of others, or rules that are associated with a particular venue.
In California, public intoxication is addressed under California Penal Code Section 647(f), commonly referred to as the 'drunk in public' statute. This law makes it a misdemeanor for any person to be found in a public place under the influence of alcohol, drugs, controlled substances, or toluene, to the extent that they are unable to exercise care for their own safety or the safety of others, or if they interfere with, obstruct, or prevent the free use of streets, sidewalks, or other public ways. Unlike some states, California does not require a person to be obnoxious, aggressive, or to be violating the rights of others to be charged with public intoxication. However, simply being intoxicated in a public place is not enough to warrant an arrest under this statute; the person's behavior must pose a danger to themselves or others, or must impede the public right of way.