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When receiving a public intoxication charge in South Carolina, individuals may be able to get charges dismissed or reduced through strategies such as diversion programs or plea bargains. At Shealey Law Firm, our experienced Columbia criminal defense lawyers develop strategic defenses that scrutinize both the evidence and the legal grounds for your charges, helping safeguard your reputation and your record.
What Qualifies as Public Intoxication in South Carolina?
South Carolina Code Section 16-17-530 prohibits individuals from appearing in public places while intoxicated to the degree that they pose a danger to themselves or others. The law also criminalizes intoxicated behavior that is boisterous enough to disturb others in the vicinity of the allegedly intoxicated person.
Common Reasons People Are Charged in Columbia
Columbia law enforcement may arrest individuals for public intoxication when their actions or circumstances indicate possible impairment. Common reasons people are charged include:
- Gross Intoxication & Disorderly Conduct: Displaying obvious, heavy intoxication in public areas, on roadways, or at gatherings while acting loudly, aggressively, or disruptively.
- Profane Language: Using offensive, aggressive, or obscene language in public spaces, especially near schools or churches.
- Causing Disturbances: Creating problems in public, such as stumbling from bars, engaging in fights, or otherwise disrupting the peace.
- Discharging Firearms: Firing a gun within 50 yards of a public road while intoxicated, outside of private property.
- Sleeping or passed out in public areas: Consuming too much alcohol and sleeping on sidewalks, in parks, or near businesses.
Many arrests occur when officers respond to other incidents and encounter intoxicated bystanders who interfere with police activities. Your conduct and the specific circumstances surrounding your arrest determine which defense strategies will prove most effective in getting your public intoxication charge dismissed.
Can You Go to Jail for Public Intoxication?
South Carolina treats public intoxication as a misdemeanor offense that carries potential penalties, including fines up to one hundred dollars and imprisonment for up to thirty days. Judges also may order community service, alcohol education programs, or probation as part of your sentence if the court finds you guilty.
Legal Defenses to Public Intoxication Charges
Our Columbia criminal defense lawyers examine every aspect of your arrest to identify weaknesses in the prosecution’s case, including police reports and body camera footage. Several effective defense strategies can result in dismissal of your charges or acquittal at trial:
- Insufficient evidence of intoxication
- You were not in a public place
- Your behavior did not meet the legal standard
- Medical conditions mimicked intoxication
- Unlawful arrest or Fourth Amendment violations
Can public intoxication be dismissed when officers lack sufficient evidence or violate proper procedures? Absolutely, and we have successfully defended countless clients by exposing flaws in the state’s case.
How to Fight a Public Intoxication Charge in Court
Hiring a Columbia criminal defense lawyer who understands South Carolina’s public intoxication laws gives you the best chance of avoiding conviction and protecting your criminal record. At Shealey Law Firm, we challenge the officer’s observations, evaluate the credibility of witnesses, provide evidence of medical conditions or alternative explanations for your actions, and engage with prosecutors to pursue dismissals or reduced charges.
Steps to Take Immediately After an Arrest
Your actions following a public intoxication arrest significantly affect the outcome of your case. Following these steps gives you the best chance at having your public intoxication charge dismissed in Columbia:
- Remain polite and cooperative with officers while exercising your right to remain silent.
- Refuse to answer questions about your alcohol consumption without an attorney present.
- Document everything you remember about the incident, including witness names and contact information.
- Take photographs of the arrest location if possible.
- Avoid discussing your case on social media or with anyone except your attorney.
- Gather medical records if you have conditions that could explain your behavior.
- Contact a criminal defense attorney before your first court appearance.
You are entitled to a bond hearing within 24 hours of your arrest. At this hearing, the court may grant a personal recognizance bond, which only requires your promise to appear in court, or set a monetary bond that must be posted. Because public intoxication is a misdemeanor, any bond is typically modest. The court will also schedule your next court date.
Early intervention by an attorney allows us to preserve evidence and begin building your defense immediately. Prosecutors often dismiss charges when defense attorneys present compelling evidence that undermines the state’s case before trial preparation advances too far.
How a Columbia Criminal Defense Attorney Can Help Get the Charge Dismissed
We negotiate with prosecutors to expose weaknesses in their evidence and secure dismissals due to insufficient proof of the elements required for conviction. Our firm also files motions to suppress evidence obtained through unconstitutional stops or arrests, which can eliminate the prosecution’s ability to prove its case.
Contact Shealey Law Firm to get a consultation with an experienced Columbia criminal defense lawyer who knows how to get a public intoxication charge dismissed through strategic advocacy and aggressive defense. We help people fight for their innocence, achieving success inside and outside of the courtroom by holding the state to its burden of proof.