Serving What Is Public Intoxication, and How Do You Get Charged with It?
In South Carolina, public intoxication falls under the charge of disorderly conduct, and if the alcohol you’ve consumed causes you to engage in such conduct, you could face charges. A better understanding of the legal intricacies of this charge, however, can help you remain on the orderly side of things, and if you are facing a criminal charge of any kind, don’t hesitate to retain the skilled legal counsel of an experienced Conway criminal defense attorney.
It’s Not Strictly against the Law to Be Drunk in Public
While many states do, South Carolina does not have a law on the books that specifically prohibits being drunk – even very drunk – in public. That said, however, you can be charged with public disorderly conduct if you’re acting very drunk in public and, in the process, are engaging in disorderly conduct. This is a fine line that is open to interpretation on the part of the police, which means that – in effect – public intoxication can leave you facing a criminal charge.
When the Charge of Disorderly Conduct Applies
The charge of disorderly conduct can apply in all the following scenarios:
- Being extremely intoxicated or otherwise acting in a disorderly fashion in a public place, at a gathering, or on a highway
- Firing a gun within 50 yards of a highway or a public road while intoxicated and not on one’s own property
- Using obscene or profane language in a public place, at a gathering, or at a school or place of worship
In other words, intoxication often plays a pivotal role in disorderly conduct cases.
Is it a Public Place?
A public place in the context of this charge refers to all the following:
- Anywhere that can be freely entered.
- Anywhere that you don’t have a reasonable expectation of privacy, which includes schools and places of worship, public roads, public parks, stores, museums, and plazas
- Anywhere, including private places, that you can be observed by members of the public, such as standing in one’s doorway and yelling obscenities at passersby
The Charge Is Open to the Officer’s Interpretation
The State of South Carolina doesn’t specifically define what constitutes disorderly conduct, and this leaves the charge to the discretion of the attending officer. Generally, any time someone causes a disturbance or acts in a way that is deemed disorderly in public – whether there are other people present or not – the charge of disorderly conduct can apply.
It’s Time to Consult with an Experienced Conway Criminal Defense Attorney
The practiced Conway, South Carolina, criminal defense attorneys at The Law Office of Brad C. Richardson harness the full force of our impressive legal experience and skill in the defense of every client we represent, and we’re here for you, too. The outcome of your case is important to your future, so please don’t wait to contact us online or call us at 843-488-4321 for more information about what we can do to help you today.