Public intoxication is a relatively common offense in South Carolina. It is also a fairly innocuous charge with minimal penalties. However, the social stigma attached to this charge could cause serious issues in the future. With a public intoxication charge on your record, you might find it challenging to advance in your career.
These charges can be particularly damaging for public figures. You can protect your future by consulting our experienced criminal defense lawyers about the best strategy for resolving a public intoxication charge.
What is “Public Disorderly Conduct” in South Carolina?
South Carolina takes public intoxication seriously. If you are grossly intoxicated in public, authorities may charge you with the crime of public disorderly conduct. This is a misdemeanor with a maximum fine of $100 and a potential one-month jail sentence.
Proving Public Intoxication Charges
What do prosecutors need to prove to convict you of public disorderly conduct? First, they must prove that you were “grossly intoxicated.” The exact definition of gross intoxication is not clear, and you should not face consequences for being mildly or moderately intoxicated.
If other people cannot detect your intoxication, then you probably are not grossly intoxicated. Although a police officer can argue that your intoxication levels were obvious, you can always push back against these claims. If it is your word against theirs with no other witnesses, prosecutors might struggle to convict you.
Secondly, prosecutors must prove that you were in a public space at the time of the alleged offense. In other words, you cannot face consequences for being grossly intoxicated during a private event. You should also avoid consequences if you were grossly intoxicated on your own property.
Note that under South Carolina law, you could face this charge for being grossly intoxicated on a highway. In other words, this charge often accompanies DUIs. However, you could also face this offense if you were grossly intoxicated while riding as a passenger in a vehicle. In this context, the interior of a car is not a private space, and your presence on a highway may result in charges for public disorderly conduct.
Will I Go to Jail for Public Disorderly Conduct?
You will likely not face jail time for public disorderly conduct, especially if it is your first offense. First offenders often receive lenient treatment from the court in this scenario. The judge may decide to suspend your sentence and refer you to rehabilitation programs as part of probation. As long as you fulfill the requirements of your probation, your criminal record may remain “clean.” If you violate the terms of your probation, however, the court will reinstate the guilty verdict on your record.
Our Defense Attorneys in Greenville, SC, Can Help
If you face public intoxication charges, our legal professionals can help you utilize various defense strategies to clear your name and your reputation. To learn more about the next steps, contact Beasley Tomlinson Law at 864-712-4282 or visit us online.
