Penalties for Public Intoxication
Georgia has strict laws when it comes to individuals behaving inebriated in public. If you exhibit boisterous or vulgar behavior in public or are shouting profanities while visibly intoxicated, you may be charged with public intoxication. It is a misdemeanor offense, and first-time offenders may be sentenced to one year in jail, $1,000 in fines, and be required to attend an alcohol treatment program.
Our criminal defense lawyers serve a diverse clientele in Cumming, Buford, Dawsonville, Forsyth County, and surrounding areas. We can safeguard your rights if you have been charged with public intoxication.
A public intoxication conviction will remain on your record, which can be humiliating when interviewing for a job or applying for a gun license. If you plan on visiting or living in Georgia, it is best to be aware of the state’s public intoxication laws.
Understanding Ga. Code §16-11-41
Under Georgia law, public intoxication or public drunkenness is defined as exhibiting any boisterous behavior, indecency, or using vulgar or profane language. It may occur in a public place or private residence where the accused was invited as a guest. Examples of public intoxication may include:
- Shouting profanities
- Lying in the middle of the street
- Throwing things
- Passing out on a park bench
- Blocking traffic
- Refusing to cooperate with police after falling and injuring yourself
Purpose of Public Intoxication Charge
At 0.08%, an individual typically experiences impaired judgment, reduced reflexes, and difficulty tracking objects, making it dangerous to drive. Whereas a person can be charged with driving under the influence if he or she has a blood alcohol concentration (BAC) of 0.08% or greater, the standard for judging a pedestrian is not as clear-cut.
Individuals who are out in public may reach higher levels of impairment, but it often goes unnoticed until the person begins to behave erratically. To be charged with public intoxication, you must display behavior that signifies that you are inebriated and endangers yourself and others or disturbs the peace.
Public Intoxication Consequences
In The Peach State, public intoxication is considered a misdemeanor, with the punishment based on your number of offenses:
- First Time Offense: A maximum of one year in prison, $1,000 in fines, court costs, legal fees, community service, and requirement to attend an alcohol treatment program
- Second or Subsequent Offenses: A maximum of one year in prison, increased fines, court costs, legal fees, and probation
Life-Altering Effects
A harmless night out can quickly devastate your prospects and dreams. A public intoxication charge will be part of your permanent criminal record, affecting your ability to get a job, rent an apartment, or attend graduate school. While Georgia does give employers incentives to hire individuals with a criminal background, the challenges you may endure to secure employment will make you think twice before displaying wild behavior in public.
Reach Out to Our Commerce Criminal Defense Lawyers
Public intoxication can have a direct bearing on your freedom and future. At Banks, Stubbs, & McFarland, our criminal defense attorneys are dedicated to helping our clients achieve the best possible outcome. If you have been accused of public intoxication, now is the time to acquire informed counsel. To discuss your specific situation, call (770) 887-1209 or complete our online contact form.