Drunk in Public, Wasn't in Public, No Sobriety Tests

[LawResearcher]

My question involves criminal law for the state of: California

My friend and I were drinking at another friends house, things got heated, and there was a minor scuffle in his front room.

The police came and arrested me, as well as the friend that was with me, helping me restrain my crazy friend (the leasee). He refused to press any charges or complaints or anything, so they arrested us for public intoxication and we spent the night in jail.

We weren't in public, we were in a private residence that he rents, and neither of us were given field sobriety, breathalyzer, or blood tests. We didn't leave the house until the police required us to.

We were both very cooperative during questioning, neither admitted drinking nor anything else. Just being casual.

Is there any way this can hold up in court? I really don't want anything on my record. I had a DUI a year ago that I'm hoping to get expunged.

Thank you for your help.

[Mr. Knowitall]

What's the exact Penal Code section you're charged with violating?

[LawResearcher]

It appears to be: 647(F)/PC/M

[cdwjava]

If it is not amended and the inebriated person never left the residence, then the charge will not be able to be sustained. if filed by the DA a halfway decent defense attorney ought to easily get it dismissed.

However, if when the cops got there, the inebriated parties stepped outside, THEN they could potentially be charged.

[LawResearcher]

What if the police specifically called us outside, and it was his back yard area?

I'll be getting a public defender if I need a lawyer.

Edit: There are another two residences on the property, but none of their front doors are in the backyard area.

[cdwjava]

What if the police specifically called us outside, and it was his back yard area?

I'll be getting a public defender if I need a lawyer.

Edit: There are another two residences on the property, but none of their front doors are in the backyard area.

If the area where the inebriated parties were was unenclosed and open to the general public (such as a front yard) then they can be considered in public for the purposes of the law.

Ultimately the state will have to show all the elements of the offense to get a conviction. Typically these matters are resolved by the arrest and no further proceedings are undertaken. Very often they are dropped upon your release from custody per PC 849(b) which would indicate that the custody will be considered a detention and not reflect an arrest on any criminal history. If no such certificate was issued, then it was an arrest, but may not be pursued by the DA.