What Should I Do if I'm Arrested for Public Intoxication?
If you are arrested for public intoxication in South Carolina, remain calm, cooperate with officers, and avoid discussing the incident in detail before a bond hearing. The state does not have a standalone public intoxication offense.
These cases are often charged as public disorderly conduct and handled in summary court. The decisions you make early can affect how the case moves forward. Ryan Beasley Law can review your case and advise you on your next steps.
Your First Moves After the Arrest
The choices you make in the first hours matter more than most people expect. Remaining silent offers important protection, since casual remarks can later become evidence. Focus on these steps:
- Stay quiet beyond giving your name
- Cooperate physically and avoid resisting
- Ask the magistrate for a prompt bond hearing
- Write down everything you remember
- Get legal help before explaining the night
A magistrate generally holds a bond hearing within 24 hours to decide whether you may be released to remain at home while the case moves forward. Keeping notes about your location, who was present, and how officers conducted the encounter can help support your account later in the process.
South Carolina Has No Public Intoxication Law
Despite the common phrase, no South Carolina law actually names “public intoxication” as a crime. Police instead book it as public disorderly conduct under South Carolina Code Section 16-17-530, a misdemeanor that applies when someone is grossly intoxicated in a public place.
A first offense can qualify for a conditional discharge that ends in dismissal once the circuit solicitor agrees. The statute never defines “grossly intoxicated” or “disorderly,” which hands officers wide discretion at the scene.
The Penalties Behind a Conviction
A misdemeanor conviction may carry a sentence of up to 30 days in jail or a fine of up to $100, which may seem minor at first glance. The impact often extends beyond the courtroom, since the record may appear on background checks for employment, housing, professional licensing, and academic applications, and it can also raise concerns in immigration contexts for non-citizens. The financial penalty is often the least significant consequence compared to the long-term visibility of a criminal record.
Possible Defenses to the Charge
Because the law leaves so much open to interpretation, several angles can weaken the case against you. Common defenses include the following:
- A location that was not truly public
- Intoxication that fell short of gross
- Conduct that stayed calm, not disorderly
- An arrest made without proper cause
- A medical issue mistaken for drunkenness
Protect Your Record: Contact Our South Carolina Law Office Today
A public disorderly conduct charge may feel minor, but the record it leaves can shadow your job search and housing for years. With over 25 years of experience defending South Carolinians, Ryan Beasley Law works to keep first offenses off your record through dismissals, conditional discharge, and pretrial options whenever they fit. Call (864) 756-4204 o get in touch online to protect your future.