According to reports, a Cobb County mother allegedly filled her son's sippy cup with alcohol sneaked it into a local theater and got drunk during a Friday afternoon movie while with her child.
The woman has been accused of drinking the alcoholic beverage and taking a central nervous system depressant while at the theater with her 5-year-old son. She became so intoxicated, she was unable to take care of her crying child, and other attendants of the movie began to complain to staff.
Theater staff attempted to stop her from attempting to get into her vehicle. When she continued to try to leave, staff called the police.
As an officer tried to detain her, she allegedly threatened to kill him.
But she was not arrested at the scene. Delk said she was instead taken to the hospital for treatment. Now, police have ordered a warrant for her arrest on charges of public intoxication and reckless conduct.
As a Georgia DUI Lawyer, I will outline what constitutes public intoxication in the state of Georgia.
Public Intoxication in Georgia
Public Intoxication, or by law recognized as Public Drunkenness in Georgia, is defined by the GeorgiaCode as:
A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, is guilty of a misdemeanor. O.C.G.A. §16-11-41(a).
In most cases, encounters with the police are escalated to an arrest for Public Intoxication or Public Drunk in Georgia when the accused person is uncooperative, aggressive, vulgar, or argue with the officers. If that person resists arrest, he or she may also face charges of obstruction in Georgia.
Public Intoxication is classified as a misdemeanor in Georgia - this means that the penalty include up to 12 months in jail and a fine up to $1,000.
On top of the state law against Public Drunkenness listed above, many municipalities and counties criminalize similar behavior. Such local ordinances can strip away the requirement that the arrested person act in an indecent condition or act, or by vulgar, profane, loud, or unbecoming language. In fact, some local ordinances can simply make being drunk and in a public place the criminal offense.