Can I Challenge Evidence Against Me in a Public Intoxication Case?
Public intoxication can threaten your reputation and blemish a once-clean record. In South Carolina, public intoxication is charged under the disorderly conduct statute, with many first-time offenders being eligible for conditional discharge. These charges are often based on opinion, rarely on fact, although a conviction can follow you for the rest of your life. As with any criminal charge, you have the right to challenge the evidence brought against you in a South Carolina public intoxication case. At Ryan Beasley, our Greenville criminal defense attorneys are here to provide sound legal advice amid such accusations.
How Does South Carolina Define Public Intoxication?
Public intoxication is charged as disorderly conduct under SC Code §16-17-530, defined as:
- Being found on a highway, public place, or public gathering in a grossly intoxicated state; or
- Using obscene or profane language on a highway, public place, or gathering within hearing distance of a school or church; or
- While intoxicated or pretending to be intoxicated, discharging a gun, pistol, or firearm within 50 yards of a public road or highway (excluding your own property)
Disorderly conduct is a magistrate-level offense that carries a maximum $100 fine and up to 30 days in jail upon conviction. However, most first-time offenders are eligible for a conditional discharge under SC Code §16-17-530(B). A person qualifies as a first-time offender if they have not previously been convicted of disorderly conduct or any similar state or federal offense.
Generally, a conditional discharge for public intoxication will require attendance at treatment programs and completion of a specified number of community service hours. Successful completion will result in a dismissal of the charges. However, even if the court grants conditional discharge, it must be approved by the circuit solicitor.
Ways to Challenge Evidence
Although South Carolina law criminalizes gross intoxication, the statute is broadly worded and often left to subjective rather than objective facts. Common ways our Greenville criminal defense lawyers may challenge evidence in a public intoxication case include:
Officer Observations
Most public intoxication cases rely on an officer’s subjective assessment, since public intoxication charges typically don’t involve a breathalyzer test. Instead, the officer may deduce you are inebriated by slurred speech, odor of alcohol, unsteady balance, or behavioral issues. However, some indications of inebriation could be related to medical conditions or fatigue. For example, Ménière’s disease (an inner ear disorder) can cause vestibular problems impacting balance. When cross-examining the officer, it is important to challenge their observations by providing sound alternatives.
Procedural/Constitutional Issues
If the officer failed to read you your Miranda rights before being detained for questioning (custodial interrogation), any evidence or testimony during the interrogation may be suppressed. Other constitutional violations include unlawful searches, gaps in the chain of custody for physical evidence, and coerced confessions. Any of these violations can result in evidence being suppressed or discarded, hurting the prosecution’s case.
Witnesses
Bystanders or friends may contradict the officer’s account. When their testimony is backed by body-cam footage, surveillance footage, or cell phone video, it will further strengthen your defense.
Handling Evidence Collection
Public intoxication cases are built around evidence collection, which may include the officer’s incident report, body-cam or dash-cam footage, or security footage. Accessing this information is often not easy, requiring our criminal defense team to subpoena these records. Understanding the rules of what evidence can be requested and how to retrieve it is best left up to our legal team.
Speak with Our Greenville Criminal Defense Lawyers Today
Facing allegations of public intoxication can be humiliating. If a fun night out on the town got out of hand, you may be charged with disorderly conduct. Nobody deserves their good name and future to be threatened by a momentary lapse in judgment. Thankfully, our Greenville criminal defense attorneys are here to answer any questions you may have to help you achieve a favorable outcome. To arrange your consultation, contact Ryan Beasley Law online or by calling (864) 756-4204 today.