Atlanta Public Drunkenness Lawyer

You were having a good time outside with friends and/or family when police accused you of drinking or being drunk in public. Now you face a public drunkenness charge in Atlanta, Georgia and you are worried about what will happen next.

Maybe you were not accused of being drunk in public. Instead, your teenage or adult child was accused of public drunkenness. Now you are looking for information to help them avoid the harsh consequences of a public drunkenness conviction. Yeargan & Kert, LLC has the Atlanta DUI lawyers you need to protect their future.

Public Drunkenness in Atlanta

According to Georgia’s 16-11-41 statute, it is illegal for anyone to be intoxicated in public. The term “public drunkenness” describes how you appear to be intoxicated in a public place. The appearance of being publicly drunk places people in danger and threatens the peace of the environment.

You are considered drunk if you have a blood alcohol concentration, or BAC, of 0.08 percent or higher.

The Elements of Public Drunkenness Prosecutors need to Prove to Convict You of the Crime

Georgia law requires state prosecutors to prove you are guilty beyond a reasonable doubt. To prove you are guilty, the state must use evidence to support the elements of the crime. These public drunkenness elements include:

You can be Sober and be Charged in Atlanta based on the Certain Characteristics

Police will base their opinion on whether you appear intoxicated based on certain characteristics. For instance, the police may think you were intoxicated because you made a lewd gesture or used vulgar language while talking to the police. It does not have to be true but based on a police officer’s perception.

Common Defenses to Public Drunkenness in Atlanta

You may be thinking how are you going to prove your innocence in a public drunkenness charge. You have options. For instance, you can plead guilty or try to get a plea deal to avoid some of the harsh consequences of public drunkenness. You can also fight the criminal charge in a defense strategy.

A defense strategy is a way to fight a public drunkenness charge. A defense strategy involves either having a justification to why you allegedly committed the crime, pleading complete innocence or attacking the elements of the charge. The latter is the defense of trying to weaken the state’s case by attacking one or more element like being drunk in public. You have several defense options to choose to make your defense strategy.

Some defense strategies include:

The type of defense you choose is key to how your case will be resolved. For example, a tough defense may mean that you are found not guilty.

A Person Convicted of Public Drunkenness in Atlanta may Spend Time in Jail

The penalty for public drunkenness is the misdemeanor punishment of a $1,000 and a maximum of 12 months in county jail. However, the ultimate sentence depends on the judge. You could receive a punishment of a fine, community service or attend an alcohol awareness course.

Defeat an Atlanta Public Drunkenness Charge with Yeargan & Kert, LLC

Appearing to be or actually being drunk in public may be a funny story to lighten the mood at a party. However, it is a serious criminal charge with 12 months of county jail time at stake. That is why building a strong defense strategy is the best thing to do when facing this type of charge.

Some of the defenses available to you include not being intoxicated. Your witnesses can testify that you were actually sober at the time of your arrest.

Yeargan & Kert, LLC will also present a defense that challenges the criminal element of being in a public place. The no harm, no foul defense of questioning whether the prosecution had evidence that you acted improperly.

Contact Yeargan & Kert, LLC immediately for help with your case.