Public Intoxication Defense in Georgia | Legal.ge

PublicIntoxicationDefense

Is public drunkenness a crime in Georgia?

It is an administrative offense (Art. 171), not a crime. However, it applies only if your behavior offends human dignity (e.g., falling over, messy appearance).

Can I drink alcohol on the street in Tbilisi?

No, drinking alcohol in public places like streets, parks, or squares is prohibited and you can be fined, even if you are not drunk.

What is the fine for public intoxication?

The fine ranges from 500 to 1000 GEL. Repeated offenses carry higher penalties.

Can I refuse a breathalyzer test?

You can, but refusal might be used against you or lead to a mandatory transfer to a clinic for a blood test. It''s best to consult a lawyer if detained.

Public Intoxication: Administrative Defense

Being under the influence of alcohol in public places, if it offends human dignity and public morality, constitutes an administrative offense in Georgia. Many believe that intoxication itself is not punishable, but the legislation sets specific criteria: if a person loses balance, has a disheveled appearance, falls down, or moves aimlessly, the police have full authority to detain or fine them. This issue is particularly relevant in tourist zones and entertainment areas. Although this is not a criminal crime, an administrative penalty (fine) and a record in the police database can bring unpleasant consequences.

A lawyer''s help is needed to determine the legality of the detention and avoid unjustified fines. Often, police officers subjectively assess a person''s condition, and a lawyer''s involvement ensures the establishment of objective truth (for example, verifying breathalyzer results or requesting medical expertise).

What Does Service for Public Intoxication Cases Cover?

Legal.ge lawyers offer assistance in cases provided for by Article 171 of the Administrative Offences Code:

Legal Consultation: Analyzing the situation and advising on how to behave with the police and what rights you have.
Challenging Breathalyzer Results: If a person disagrees with the police breathalyzer reading, the lawyer requests an alternative expertise or blood test to determine the exact degree of intoxication.
Appealing the Protocol: Appealing the administrative offense protocol to a superior body or court if it was drafted with procedural violations.
Court Representation: If the case goes to court, the lawyer represents your interests and tries to prove that your action did not offend public morality (which is a necessary element for liability).

Common Situations and Real-World Scenarios

Problems related to public intoxication often arise:

Leaving a Restaurant/Bar: A person leaves an establishment drunk, stumbles, and leans against a wall. Police assess this as offending public morality.
Sleeping in a Park: An intoxicated person sits on a bench and falls asleep. This often becomes grounds for a fine.
Drinking in the Street: Consuming alcoholic beverages in public places (parks, squares) is a violation in itself, which often accompanies intoxication.

Georgian Legislation and Legal Framework

The issue is regulated by Article 171 of the Administrative Offences Code of Georgia. This article prohibits consuming alcoholic beverages in public places (except for trade and public catering facilities), as well as being in a state of intoxication that offends human dignity and public morality. The sanction provides for a fine of 500 to 1000 GEL. In case of repetition, the fine increases or administrative detention is applied.

It is important that intoxication alone is not enough for liability. It is necessary for the person to express disrespect for society through their behavior (e.g., falling, aimless walking, disheveled clothes). The lawyer''s defense line is often built on the absence of this component.

Process: What to Expect When Working with a Specialist

The process usually begins with the issuance of an administrative fine receipt. If you do not agree with the fine, the lawyer prepares a complaint within 10 days. During the court hearing, the lawyer focuses on evidence: was there a video recording confirming the person''s undignified condition? If only the police officer''s verbal explanation exists, this may not be enough. The specialist will help you cancel the fine or reduce it to a minimum.

Why Choose Legal.ge?

Even a minor administrative violation can become a source of discomfort. Legal.ge allows you to connect with lawyers who will help you appeal unfair fines. Our specialists are familiar with the nuances of administrative proceedings and can effectively protect your interests. Do not pay the fine if you believe you are right—find a lawyer on Legal.ge.