Georgia Officer Accused of Being Intoxicated at Public Event

According to reports out of Forsyth County, a deputy has been recently let go after showing up to an unidentified public event while intoxicated.

There haven't been any more details released, but as a Georgia DUI Lawyer, I will outline the offense of public drunk as it is probable that this offense fits the situation mentioned above.

Public Drunk in Georgia

Public Drunk in Georgia is defined in the Georgia Code 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.

Simply being intoxicated and in a public place is not enough to be charged with Public Drunk.  Your behavior must be such that your intoxication was made known to others around you by disorderly or disruptive, or otherwise obnoxious acts or even just loud, offensive language. 

In many cases, an encounter with police officers is escalated to an arrest for Public Intoxication when you are uncooperative, aggressive, vulgar, or argue with the officers.  If you then resist arrest or obstruct an investigation, you may face further charges with even more severe penalties.

While the burden of proof required to arrest is low, the State must still prove beyond a reasonable doubt that you were acting in a way that violated the statute.  In the case of Public Intoxication, the State will generally rely on the police officer's testimony of what occurred the night of the arrest, unless there were other witnesses. Testimony tending to show that you were yelling, arguing, fighting, or generally acting out in public will likely be sufficient to convict.  The likely sentence will be dependent on the circumstances of your case and any past criminal convictions.

Practice Note

We specialize in all types of alcohol and drug related offenses from public drunk to DUI in Georgia to drug possession. If you or a loved one has been arrested, contact our offices today.

A Georgia DUI Attorney can help you with your case - regardless of the circumstances. Call now.