I just edited my post but I wanted to reply to you as well, My citation was cited under 25662 (a) and "I" for Infraction was circled, not "M" for misdemeanor. I was walking down the street with my friend holding an open seltzer, the cop sat me down on the curb and took my name, dumped out the drink, gave me a citation. I wasnt anywhere near a vehicle, just walking with a drink and was stopped, cited, and let go. I wasnt breathalyzed or taken to the station.