What are the Potential Penalties for a Public Intoxication Charge?
Public intoxication allegations are typically based on a police officer’s judgment. They may see you stumbling while walking home from a gathering with friends, deducing that your manner is distressing to others or threatens their safety. A fun night can quickly threaten your reputation and future. These charges are often based on opinion, rarely rooted in fact.
At Ryan Beasley Law, our Spartanburg criminal defense lawyers know that these charges can tarnish your reputation and future. If you or a loved one has been charged with inebriation that placed other people’s safety at risk, contact our firm immediately.
How Does South Carolina Define Public Intoxication?
In South Carolina, a person may be charged with public intoxication for performing any of the following actions:
- Being found on a highway or public place, behaving in an intoxicated manner
- Using obscene or profane language on a highway, public place, or gathering within hearing distance of a school or church; or
- While inebriated or feigning inebriation, while discharging a gun, pistol, or firearm within 50 yards of a public road or highway (excluding your own property).
Penalties for Public Intoxication in Spartanburg, SC
If you are facing public intoxication charges under SC Code §44-53-530, you could be sentenced to 30 days in jail or fined up to $100 upon conviction. However, first-time offenders in South Carolina are eligible for conditional discharge, which allows them to attend treatment programs and complete community service. The court will hold off on entering a guilty verdict. On successful completion, the court will dismiss the charges against you.
Common Defenses Against Public Intoxication
Common defenses against public intoxication include:
You Were Not Grossly Intoxicated
Ordinary intoxication is not a crime in South Carolina. To convict you of public disorderly conduct, the prosecution must prove that you were grossly intoxicated in a public place or otherwise behaved in a disorderly or boisterous manner. If you had a few drinks but remained in control of your conduct, the charge should not stand.
Improper Arrest
If the police officer lacked probable cause to arrest you, then the arrest will be considered invalid. Also, any confession or evidence illegally gathered should be inadmissible. If you are a victim of false arrest, you may be able to sue for damages.
You Were Not in a Public Place
A public intoxication charge requires you to be in a public location. If you are on private property, the charges against you will be dismissed.
Challenging Evidence
Public intoxication charges are often based on a police officer’s assessment that you were inebriated and your behavior endangered others. If no BAC test was administered, then the charge is based purely on officer observation. Additionally, the boisterous behavior may be your norm, meaning that your actions were not prompted by drunkenness. Our Spartanburg criminal defense team will comb through the evidence to determine if your actions warranted a public intoxication charge.
Speak with Our Spartanburg Criminal Defense Attorneys Today
If you have been accused of public intoxication, you face potential jail time and fines. Although the time behind bars is relatively short, your reputation is on the line. At Ryan Beasley Law, we understand the gravity of such charges. As such, our Spartanburg criminal defense lawyers will devise a legal strategy that keeps your punishment minimal. To arrange your consultation, contact our office online or by calling (864) 756-4204 today.