Disorderly Conduct in Georgia
The Hostess City is known for its good times, but make no mistake: there are still harsh penalties for bargoers who take things too far. If you are arrested for public intoxication, public drunkenness, or disorderly conduct in Savannah, you might have to pay a fine, complete community service, or even spend time in jail.
Even if the charges you get after a wild night out seem relatively small, these are offenses that can stay on your record for the rest of your life. They can haunt you at the worst times, like during a job or apartment search, or while trying to travel.
Just because you’ve been charged with one of these offenses doesn’t mean you have to face the worst of these outcomes. Hiring a skilled attorney as soon as possible will give you a fair chance at getting these charges dismissed, reduced, or acquitted.
Here’s a handy guide for all of the non-DUI charges related to drunk and disorderly behavior that apply in Savannah, GA:
Disorderly Conduct in Georgia
There are two types of disorderly conduct you can be charged with in Georgia: misdemeanor disorderly conduct and city ordinance disorderly conduct. A city ordinance disorderly conduct charge in Savannah will not go on your criminal record, but can result in fines, mandated counseling, and community service hours.
O.C.G.A. § 16-11-39 defines misdemeanor disorderly conduct in Georgia as behavior that:
- • is violent and/or dramatically emotional
- • encourages others to commit violence
- • includes abusive or obscene language
Misdemeanor disorderly conduct is often used in cases when a person is arrested for more serious charges first, like assault. A misdemeanor is a criminal offense that will be flagged on most background checks. It is not the most serious criminal charge you can be slapped with, but employers might assume deeper issues with anger or substance abuse.
Public Intoxication and Public Drunkenness
You can be arrested for being drunk in public if you are:
- Disrupting or scaring other people
- Being loud and aggressive
- Obviously drunk from physical signs i.e. stumbling around or vomiting
What Counts as a “Public Place”?
The law does not prevent you from being drunk in your home or a private space. However, most spots people enjoy being intoxicated in Savannah are public, such as:
- Bars and restaurants (unless in a private section)
- Streets and sidewalks
- Public transportation
- Parks and squares
Penalties for Public Drunkenness
O.C.G.A. § 16-11-41 defines public drunkenness as a misdemeanor. Along with a misdemeanor charge that remains on your criminal record, you can be fined or sent to jail for up to 12 months. Repeat offenders face harsher punishments.
Local Ordinance Violations to Watch Out For in Savannah
Breaking these local rules carries less severe consequences than a misdemeanor, but you will be fined.
Alcohol-Related Violations
Unlike most places in the U.S., you’re allowed to carry alcoholic beverages out and about within the Historic District of Savannah, but there are limits:
You’re only allowed to carry one drink at a time.
- • Penalty: $121.00
- • To help partiers slow down, Savannah has a one-drink-per-person rule outside. No carrying your fiend’s drinks.
Your drink must be 16oz or less.
- • Penalty: $121.00
- • Unfortunately, no giant to-go margaritas are permitted in the streets of Savannah. But a pint of beer or an average-sized cocktail is OK.
You must be drinking from an approved plastic cup.
- • Penalty: $121.00
- • No cans, bottles, or glass are allowed to be carried around. This simplifies enforcement and prevents the streets from becoming littered with dangerous glass. You can get approved plastic cups from bars to bring your drink on the go.
Disorderly Conduct and Public Behavior
Disorderly conduct
- • Penalty: $229.00
- • Behavior that is defined as loud, violent, or disruptive can get you a local ordinance disorderly conduct charge.
Public urination
- • Penalty: $121.00
- • Urinating on the sidewalk, in an alley, or in a park is illegal in Savannah.
Why You Should Fight These Charges
A misdemeanor for disorderly conduct or public drunkenness in Georgia is not a minor slap on the wrist. It can affect you for years to come, causing you to be flagged in background checks and lose some types of professional licenses.
How to Get These Charges Reduced or Dismissed
Hire an attorney right away. You’ll want to find someone who is experienced in this area of Georgia law. It’s in your interest to act fast so your attorney can immediately start analyzing your case and poking holes in the case against you. You have rights, and hiring an attorney is the best way to protect yourself.
Common Defenses Against These Charges
There are several legal avenues your attorney can take to get charges for disorderly conduct or public drunkenness reduced or dismissed.
It was an accident or breakdown in communication.
If you feel your actions were misinterpreted by another person or authorities, your attorney can argue that this charge came from an accident or misunderstanding, not true malice.
You were misidentified.
Bars and streets full of bargoers become hectic. Your attorney can argue that you were not the person who started a fight or scene, but simply ended up in the wrong place at the wrong time and looked like the instigator to confused witnesses or authorities.
The police didn’t do their job correctly.
Your attorney might comb through the paperwork on your arrest to make sure proper procedures were followed and there were no errors. If you were the victim of a Fourth Amendment Violation from an unlawful search and seizure, evidence might be thrown out.
There isn’t enough evidence.
The burden of proof is on the prosecution to prove that you are guilty beyond a reasonable doubt. If they don’t have reliable witness statements or body cam footage showing you engaging in disorderly or drunk behavior, an experienced attorney can easily pick apart their case.
How The Claiborne Firm Can Help
If you’ve gotten into trouble after a night out in Savannah, attorneys at The Claiborne Firm can minimize the fallout. We’ve helped many clients get these stigmatizing charges reduced or dismissed.
Don’t wait a minute more to secure your rights in a complex legal system. Call today for a free, no-obligation chat with an attorney at The Claiborne Firm. Let’s discuss your best options for a bright future.
Call 1 (866) 521-5577 or Schedule a Free Case Evaluation Online