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What Defines Public Intoxication

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  • 03-24-2018, 08:32 AM
    Steve418
    What Defines Public Intoxication
    My question involves criminal law for the state of: Georgia

    If someone is intoxicated from alcohol, how drunk would they need to be for it to be considered public intoxication? Do they have to be causing a disturbance of some kind or is simply appearing significantly intoxicated enough to get them in trouble? Also, does the context factor in? For instance, if the person is stumbling their way home from a bar on Friday night versus a hardcore alcoholic whose stumbling around town completely shitfaced at 10 AM. Or is it a certain BAC threshold like it is for drunk driving?

    The area where I used to live in New York used to have a police blotter that sometimes mentioned people being picked up for public intoxication, but the stories of what they did were outrageous (e.g. behaving aggressively, throwing up on someone's shoe, passed out on the street, and other really outrageous drunken behaviors). So, I never really gave it much thought. Where I live now, you'll see stories of people getting picked up for public intoxication but there didn't seem to be any preceding circumstances other than that they "appeared drunk".

    Also, is there a lower threshold for people on substances other than alcohol? Or is public intoxication the same whether it is alcohol or other substances?
  • 03-24-2018, 09:46 AM
    adjusterjack
    Re: What Defines Public Intoxication
    Google is your friend:

    Quote:

    Chapter 11 - Offenses Against Public Order and Safety
    Article 2 - Offenses Against Public Order
    § 16-11-41. Public drunkenness

    (a) 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.

    (b) This Code section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish drunkenness or disorderly conduct within their respective limits.
    https://law.justia.com/codes/georgia...tion-16-11-41/
  • 03-24-2018, 07:54 PM
    asa_jim
    Re: What Defines Public Intoxication
    Keep in mind that the standard of "intoxication" is different from the standard of "impaired" that relates to driving under the influence. It is generally a higher standard of proof.
  • 03-25-2018, 11:15 AM
    Highwayman
    Re: What Defines Public Intoxication
    Quote:

    Quoting Steve418
    View Post
    The area where I used to live in New York used to have a police blotter that sometimes mentioned people being picked up for public intoxication...

    Then maybe you were reading wrong. New York State has no public intoxication statute.
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