A night out in Columbia can take an unexpected turn if you have an encounter with law enforcement. Sometimes, that could mean a public intoxication charge.
If you’re facing a public intoxication charge in Columbia, South Carolina, this is more than having a drink in public. The state treats public intoxication as part of its public disorderly conduct statute.
Here’s what you should know about the law, the potential penalties, and the options that may be available to you.
Is Public Intoxication Illegal in South Carolina?
Under South Carolina Code § 16-17-530, a person may be charged with public disorderly conduct if they’re found on a highway, in a public place, or at a public gathering in an intoxicated condition. Along with that, the law also covers:
- Certain disorderly or boisterous behavior
- The use of obscene or profane language in specified public settings
In other words, having a drink at a restaurant or being out with friends doesn’t automatically mean you’ve committed a crime. But if law enforcement believes your level of intoxication or behavior meets the requirements of the statute, you could face a misdemeanor charge.
What Are the Penalties?
Under South Carolina law, public disorderly conduct is a misdemeanor. It can be punishable by:
- Fines: A fine of up to $100.
- Jail time: Up to 30 days in jail.
While the potential penalties might not seem that bad, you can still end up with a criminal record.
Can a First-Time Public Intoxication Charge Be Dismissed?
Fortunately, South Carolina law has a conditional discharge option for certain first-time offenders. Someone who has not previously been convicted of public disorderly conduct or a similar offense involving drunken or disorderly conduct may qualify for this option.
In these cases, the court can defer proceedings and place you on probation. You may have to participate in a treatment or rehabilitation program if an appropriate state-supported facility is available.
If you successfully complete the court’s requirements, the court must discharge you and dismiss the proceedings without entering a judgment of guilt.
You may also apply to have the related records expunged. Keep in mind that expungement requires a separate application to the court.
If this is your first public intoxication charge, you will want to ask your criminal defense lawyer whether you qualify. That could make a huge difference in how your case is resolved.
What Defenses May Be Available?
When you are arrested, that doesn’t automatically mean you will be convicted. In any case, the prosecution still has to establish the elements of the offense.
There are some possible defenses, such as:
- You weren’t in a public place: South Carolina’s statute addresses conduct on highways and in public places or gatherings. It is important where the alleged incident took place.
- You weren’t grossly intoxicated: Anyone who had a few drinks is not the same as being grossly intoxicated. The prosecution must show the applicable elements of the charge.
- Your behavior didn’t meet the legal requirements: If the charge involves allegations of disorderly or boisterous conduct, the specific behavior and circumstances are all important.
- Your apparent intoxication had another explanation: Sometimes, medical conditions or properly used medications can cause symptoms that resemble intoxication. Depending on the evidence, this may be vital to your defense.
An experienced lawyer can review the facts of your arrest and see whether legal arguments may apply in your situation.
Talk to Truslow & Truslow About Your Public Intoxication Charge
Public intoxication charges in Columbia, SC might feel like a minor incident, but it is not something that you should ignore.
At Truslow & Truslow P.A., we know that good people can find themselves in difficult situations. We take the time to understand your circumstances, explain the process, and provide the information you need to take those next steps.
If you’re facing a public intoxication charge in Columbia, SC, reach out today to schedule a free consultation.