What Defenses Are Available for a Public Intoxication Charge?
Public intoxication charges in South Carolina relate to being in a public place or at a public gathering while in a grossly intoxicated condition. The charge is a misdemeanor that can carry jail time and can directly impact your future. If you’ve been charged with public intoxication, bringing a strong defense is key, and an experienced Greenville criminal defense lawyer is standing by to help.
Public Intoxication in South Carolina
Public intoxication in the State of South Carolina is addressed under public disorderly conduct. To be found guilty of the charge, you must have been in a grossly intoxicated condition or have otherwise conducted yourself in a disorderly way while in a public place or at a public gathering.
If you’re charged with public intoxication, there is the possibility of conditional discharge, which can include a treatment or rehabilitation requirement and which is eligible for expungement from your record if you successfully complete the required terms. The criteria for conditional discharge include the following:
- Not having any prior disorderly conduct convictions on your record
- Consenting to participate in the conditional discharge program
The main point to make here is that accepting a conditional discharge requires your admission of guilt regarding the public intoxication charge, which may or may not be advisable in your unique situation. Your dedicated criminal defense attorney will help you make the right decisions for you throughout the legal process.
Fighting the Public Intoxication Charge
A better approach may be fighting the public intoxication charge by bringing your strongest defense from the outset. Every public intoxication charge is specific to the circumstances involved and must be determined subjectively – from the perspective of the arresting officer. In other words, there is room for interpretation. For example, the element of gross intoxication has no legal meaning other than being intoxicated to the degree that it’s obvious to a third party, which usually means the arresting officer – and one officer’s determination of gross intoxication may be different from another officer’s interpretation.
Defense strategies for fighting a public intoxication charge generally break down into categories like the following:
- You weren’t grossly intoxicated to begin with
- They have the wrong person
- You weren’t engaging in disorderly conduct
- The incident did not occur in a public space
- Your behavior was protected by your right to free speech
- There are discrepancies between the officer’s allegations and your conduct
- Observed conduct didn’t disturb anyone else or put anyone else in danger
- Your conduct is excused by extenuating circumstances, such as by an emergency you were reacting to or by an unforeseen interaction between your prescribed medication and a drink
An Experienced Greenville Criminal Defense Lawyer Is on Your Side
Charged with public intoxication? The accomplished criminal defense attorneys at Ryan Beasley Law – proudly serving Greenville, South Carolina – are well prepared to fiercely advocate for your rights by building a solid defense that supports an advantageous case resolution. To learn more about what we can do to help you, please don’t hesitate to contact us online or call 864-362-2352 today.