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When receiving a public intoxication charge in SC, cooperate with law enforcement; do not resist arrest. Investigate defenses that may be available to you, like disputing your level of intoxication or whether you caused a disturbance. Consider taking advantage of intervention and deferral programs that may be available under South Carolina law. Consider exercising your right to go to trial. Shealey Law Firm explains what to do when arrested for public intoxication in SC.
Public Intoxication Charges in Columbia SC
Public intoxication charges in Columbia SC can carry a social stigma. Being arrested for public intoxication can cause employment problems, and it can hurt your reputation.
The charges are serious, and you should take them seriously. But know that there are things you can do. With the help of an experienced criminal defense attorney, you can respond effectively and minimize the consequences of the arrest.
What are the charges for public intoxication?
South Carolina public intoxication laws prohibit being in a public place while grossly intoxicated or while acting disorderly or boisterous. Public intoxication is a part of the disorderly conduct law.
Immediate Steps to Take After Being Charged
If you are charged with public intoxication in South Carolina, cooperate with law enforcement. There is nothing to be gained by arguing or resisting arrest. The officer may say that your argumentative conduct is proof of your intoxication.
Don’t say anything to the police. You don’t have to tell them how much you’ve had to drink. Not only can they use your words against you, but they might say that your speech is slurred or jumbled. Just politely exercise your right to remain silent.
You should have a bond hearing within 24 hours. You might receive a personal recognizance bond (just a promise that you’ll show up to court), or you might be required to post a bond. Since public intoxication is a misdemeanor, the bond should be relatively modest. The court will give you your next court date; don’t lose this information.
The Right to Legal Representation
You have the right to legal representation, and you may choose your own counsel. Contact Shealey Law Firm as soon as possible to talk to a lawyer. We want to contact witnesses while they still have a fresh recollection of the incident. We will use our experience and investigate.
Importance of Hiring an Experienced Criminal Defense Attorney
With a public intoxication charge in SC, hiring an experienced criminal defense attorney is important. It might seem like the charges are relatively minor, but there are two reasons that having a lawyer is especially important. First, public intoxication carries a social stigma that isn’t fairly reflected in the relatively minor potential penalties. The maximum jail time is 30 days, but a conviction can follow you throughout your life. In addition, up to 30 days in jail isn’t minor – that’s long enough to cost you a job or a semester of school.
Second, there are numerous ways to respond to a public intoxication charge. Public intoxication charges in SC may qualify for deferral, intervention and education programs. Qualifying to take part in a program can be a positive way to resolve the charges, without the stress and uncertainty of going to trial. You must qualify, and you need to choose the program that is right for you.
Much of the work in representing a client may be making their case to participate in a program. Possibilities may include pre-trial intervention, deferred prosecution, alcohol education, conditional discharge, drug court, or a youthful offender plea. We can guide you through things that you can do to make yourself a candidate, like substance abuse assessments, counseling, community service, employment, and recommendation letters.
We can approach the state’s attorney to make your request, advocating on your behalf.
Common Defenses Against Public Intoxication Charges
Public intoxication is a subjective charge. It’s perfectly legal to be in public after drinking; you can even be intoxicated. You just can’t be grossly intoxicated. (S.C. Code § 61-6-4720 prohibits drinking in public, but does not address a state of intoxication.)
You can challenge the police assessment of your levels of intoxication. If they conduct field sobriety tests, or give a chemical test, you can challenge their procedure. If they didn’t give these tests, you can question why not. You may also question whether you caused a disturbance to the public. The police who are looking to make an arrest might have a different opinion than neutral bystanders. We can help you prepare the evidence and present your case for trial.
Possible Court Outcomes and Sentencing
You may:
- Be convicted at trial and sentenced to jail.
- Be convicted at trial, with no jail.
- Plead guilty as charged.
- Negotiate a plea bargain or other conditions of pleading guilty.
- Accept a conditional discharge, deferral, or intervention.
- Be found not guilty at trial.
- Have the charges dismissed in advance of trial.
As public intoxication defense lawyers, Shealey Law Firm pursues the best possible outcome for your case. We are aggressive litigators, fighting for you.
Contact
If you have been arrested for public intoxication and are facing a charge, contact a defense attorney at Shealey Law Firm.