What is Public Intoxication in South Carolina?

Do not let one night out derail your life. Even minor criminal convictions in South Carolina can impact your college admissions offers, scholarships, NCAA status, and job prospects. Take advantage of South Carolina’s conditional discharge programs with help from the experienced Myrtle Beach public intoxication defense lawyers at Brad C. Richardson.

Overview of Disorderly Conduct Charges and Penalties in Horry County

Public intoxication – called ‘public disorderly conduct’ in South Carolina – requires local solicitors to prove more than overconsumption. They must show that you engaged in drunken behavior endangering yourself or others, under S.C. Code § 16-17-530. Disorderly conduct complaints must include the following allegations:

• Location: Prosecutors must allege you were in a public, not private, place. This includes a highway, a street, a beach, or any other public gathering place.
• Gross Intoxication: You must have been voluntarily ‘grossly intoxicated’. This generally means alcohol or drugs greatly impaired your mental state. It excludes involuntary intoxication, such as spiked drinks and date-rape drugs.
• Disorderly Behavior: In addition, Myrtle Beach prosecutors must show that you engaged in qualifying disorderly conduct, which includes only swearing and obscene language or discharging a firearm, while grossly intoxicated or pretending to be drunk.

Police officers often use public intoxication charges to break up college parties or otherwise arrest college students on the Grand Strand who did not actually engage in qualifying criminal conduct.

Defenses to Public Intoxication Charges

Disorderly conduct is a misdemeanor offense (not simply a ticketable offense) punishable by a $100 fine or up to 30 days in prison. While these penalties seem light, having these charges on your criminal record creates significant collateral consequences. Experienced S.C. public intoxication defense lawyers generally beat disorderly conduct charges as follows:

Actual Innocence

Because police officers often make widespread party arrests under S.C. Code § 16-17-530, when students aren’t engaging in qualifying conduct, your criminal defense attorney may get the charges dismissed for lack of evidence or based on actual innocence. Involuntary intoxication is also a defense to disorderly conduct charges.

Statutory Conditional Discharge

South Carolina’s public intoxication statute also provides for the conditional discharge of disorderly conduct charges for first-time offenders. If you agree to plead guilty, the court will defer entering a final order if you attend specific treatment programs and perform community service. Completing your program may result in the case being dismissed. Your attorney can also apply to have the charges expunged (removed) from all public records.

Public Intoxication and Disorderly Conduct Defense Lawyers in Myrtle Beach

The experienced Myrtle Beach public intoxication defense attorneys at Brad C. Richardson can help you avoid conviction through pre-trial intervention or get disorderly conduct charges dismissed on legal grounds. Schedule a drunk in public defense consultation with our experienced Horry County criminal defense lawyers today by calling (843) 488-4321 or connecting with us online.