Bottom line
This page is a current-reference page for 16-11-41. Public drunkenness.. Match the facts to the statutory language and verify local charging practice for enhancements or related offenses.
O.C.G.A. section
16-11-41. Public drunkenness.
Officer field notes
- Identify the exact statutory element supported by the facts; do not rely on the code number alone.
- Document victim/suspect relationship, location, injury/property details, value, weapons, statements, video, and witness evidence when relevant.
- Check family violence, weapon, school zone, prior-conviction, protected-victim, and felony/misdemeanor enhancement issues before final charging.
Report articulation tips
- Use concrete observed facts and quotes instead of conclusions.
- Tie each charge to the element it proves: act, intent/knowledge, victim/property, location, value, injury, or prohibited status.
- If probable cause depends on statements, video, records, or victim/witness identification, identify the source clearly.
Current statutory text
16-11-41. Public drunkenness.
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.
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.
(Code 1933, § 26-2607, enacted by Ga. L. 1968, p. 1249, § 1.)
Cross references.
– Intoxication as relieving person from criminal responsibility for actions,
§
16-3-4
.
Driving under influence of alcohol,
§
40-6-391
.
Source / verification note: Updated from the Georgia Code public CIC/Lexis-linked source snapshot used for this audit. Verify court-sensitive decisions against the official Georgia Code and agency policy. Last reviewed: 2026-05-23.