Analysis of Georgia DUI and Disorderly Conduct

Usually when arrested for DUI, the accused person is given another related charge. Disorderly conduct is one of the commonly related offenses to a Georgia DUI charge. 

Georgia Law 

The Georgia Code outlines the different ways that a person can commit the offense of disorderly conduct in Georgia. 

O.C.G.A. §16-11-39 (2017)

“(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;

(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called "fighting words"; or

(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.”

Related to DUI

As a Georgia DUI Attorney, I've seen plenty of cases that involve both DUI and Disorderly Conduct charges. This goes for the driver who is being accused as well as any passengers in the vehicle with them. Both drivers and passengers tend to get overwhelmed and upset when pulled over by officers. 

Primarily, an officer is entitled to ensure his own safety and the safety of others and the general public. A lot of individuals forget that the officer has a job to do or that he is worried about what could happen during the investigation or arrest process. Although it has gotten to a point recently where some officers' expectations are too high, and disorderly conduct charges are unwarrantably given.

Personal Note

In my opinion, it's essentially a “catchall” provision for officers who don't like the way someone is behaving during an arrest or an investigation. I view disorderly conduct as the offense of “annoying the police” or better yet “teaching you a lesson.” Most of the time the accused individual hasn't even broken the law. 

If you or a loved one has been charged with a DUI or Disorderly Conduct or both in Georgia, you need a Georgia DUI Lawyer to best defend your case.