Employee Arrested for Public Intoxication at Georgia Restaurant on Thanksgiving Day

Yesterday, a man called into work and said that the would not be coming in as he wast too intoxicated to drive.

But then later in the afternoon, the man showed up for his shift at the restaurant. He showed up, however, with a gun and began to threaten restaurant guests and employees.

Officers were called to the scene. They ultimately used a Taser on the man and arrested him for armed robbery, obstruction, and public drunk.

As a Georgia DUI Lawyer, I will outline the law behind public drunk in today's post.

Public Drunk in Georgia

Public drunk, also referred to as public drunkenness in Georgia, is defined by state law in O.C.G.A. § 16-11-41 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.

Being convicted of public drunkenness can result in up to 12 months of jail time as well as fines up to $1,000.

On top of the state law cited above that encompasses public drunkenness, many municipalities and counties enact local ordinances that criminalize similar behavior.   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. 

Moreover, local ordinances can simply make being impaired and in public the crime in and of itself.

Practice Note

Call our offices today if you or a loved one has been arrested.