Full question:
My husband was arrested for public intoxication last night. He was mearly walking down the road (on the sidewalk) and was not causing any kind of problem. He blew a 1.09 which would be considered over the limit for driving but he was walking. Is there a legal limit for public intoxication in GA?If so what is it? Is there any way to have these charges dismissed since he wasn't causing any kind of disruption?
- Category: Criminal
- Date:
- State: Georgia
Answer:
In Georgia, a person can be charged with public intoxication if they appear intoxicated in a public place. According to Georgia law (O.C.G.A. § 16-11-41), this is defined as being in an intoxicated condition that is evident through behaviors like boisterousness, indecent acts, or using vulgar language. Such behavior is considered a misdemeanor.
However, the law also allows counties and municipalities to create their own rules regarding drunkenness and disorderly conduct. Therefore, local laws may vary.
Regarding the possibility of having the charges dismissed, the lack of disruption may be a factor to consider, but it ultimately depends on the specifics of the case and local laws. Legal advice from an attorney familiar with the situation is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.