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Public Intoxication Defense Lawyer in Roswell

Roswell Criminal Defense Attorney

If you've been charged with "public drunkenness," you really need to speak with a Roswell defense lawyer. Public intoxication looks bad to employers and others who might be checking into your background or are looking for someone to take on a position of trust.

In Georgia, public intoxication is defined as appearing intoxicated in either a public place or on private property without permission, and appearing in an indecent condition (like being nude), performing an indecent act (like public urination), or being boisterous, vulgar, profane, or loud. The statute can be broadly interpreted, so you need to be ready.

If the defendant causes personal or property damage while in a drunken state, additional charges may apply. Georgia counties and cities may pass additional laws to punish public drunkenness or disorderly conduct within their respective limits. Public intoxication is considered a misdemeanor punishable up to one year in jail and up to $1,000 in fines.

What are Some Defenses to Public Intoxication?

Here are some possible defenses to a public intoxication charge:

  • The defendant wasn't intoxicated. The best way to show lack of intoxication is through a breath test ort a blood test. Without a test, judges and juries tend to believe the police.
  • The defendant didn't do anything stupid. The defendant can show that he or she wasn't being boisterous, vulgar, profane, or loud. This is done by providing witnesses to show that you were acting reasonably or by getting the prosecution's witnesses to say that they really didn't notice what you were doing, etc. The same defense applies to someone charged with committing an indecent act or being nude.
  • It wasn't a public place. You can demonstrate that it wasn't a public place or that you were involuntarily in a public place. An example is if a cop orders you out of your home onto a street or sidewalk. You are only there because the officer forced you to be there and this could be a winning defense.

If you find yourself facing a public intoxication charge, call The Sherman Law Group.