DUI Blogger

Earlier this week, Matthew Rutler (25) was arrested in West Hollywood, CA on suspicion of DUI. No details about the DUI arrest have been released except for the fact that the car Rutler was driving was allegedly being driven erratically. In fact, the only reason this arrest got any media attention was because Rutler’s passenger that night was his girlfriend, singer Christina Aguilera. And it’s Aguilera that actually made headlines, since she was arrested for being drunk in public.

Many people incorrectly assume that in order to be arrested for being “drunk in public” you must be a “falling down drunk” in a public location. That type of behavior can definitely get you arrested for this crime (which is also referred to as public intoxication). However, you also violate this law when your level of intoxication makes you unable to exercise care for your safety or for the safety of others. The deputies at the West Hollywood Sheriff’s Station claim that this is the reason they arrested Aguilera…that she needed to sober up for her own safety.

Once she did, she was released from jail. And although this arrest will go on her criminal record, Aguilera will not be prosecuted.

Last week, Mariah Carey accepted an award at the Palm Springs International Film Festival while she was visibly under the influence. Carey was giddy, her behavior was a bit erratic and her speech was slurred. But here’s the question – was Mariah Carey “drunk in public”?

And the answer is no…at least not according to Penal Code 647(f) California’s “drunk in public” law. This is because Penal Code 647(f) California’s “drunk in public” law prohibits

1. being intoxicated to the point that you are a safety risk to yourself or others, or


2. being so intoxicated that you obstruct or prevent others from using public areas.

As long as you aren’t so impaired that you meet either of the above criteria, being “drunk in public” is not a criminal offense in California. If it were, the police would be inundated with arrests at nightclubs, bars, sporting events, concerts, and any other venue where alcohol is commonly served.

So the answer to the question is that even though Mariah was publicly drunk, she was not guilty of being drunk in public.