Charleston Public Intoxication Attorney
One moment you’re celebrating a birthday party, anniversary, or major holiday. Next, you find yourself in handcuffs, facing charges of “Public Intoxication”.
In South Carolina, charges of Public Intoxication and “Disorderly Conduct” often go hand-in-hand, but each category has its own possible defenses.
If you find yourself arrested for Public Intoxication, it’s important to understand your rights, understand the law, and reach out to an experienced criminal defense attorney, such as Sahn Law Firm’s Michael C. Sahn, today.
How Is Public Intoxication Legally Defined In South Carolina?
The South Carolina Code of Laws describes gross intoxication in public and disorderly conduct as follows:
If you allegedly…
- Were found on any highway or at any public place or public gathering in a grossly intoxicated condition or were otherwise conducting yourself in a disorderly or boisterous manner;
- Used obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church; or
- While under the influence or pretending to be under the influence of intoxicating liquor, without just cause or excuse, discharged any gun, pistol, or other firearm while upon or within fifty yards of any public road or highway, except upon your own premises. You could be arrested and charged with Public Intoxication or Disorderly Conduct. To better protect yourself, it’s important to understand how South Carolina law treats alcohol, open alcohol containers, and alcohol in vehicles.
What Are The Laws In South Carolina Regarding Open Containers Of Alcohol In Public Or In Vehicles?
South Carolina’s open container law generally prohibits possession in public of open containers of beer, wine, or liquor. This means that, among other things, walking or sitting in public with an open container, bottle, or cup of alcohol is generally illegal. South Carolina also typically prohibits open containers in motor vehicles on public highways and prohibits transporting open containers of alcoholic beverages in a motor vehicle. However, there are exceptions:
- Beer or wine in an open container can lawfully be kept in the trunk or luggage compartment of a motor vehicle.
- The open container law doesn’t apply to parked vehicles in legal parking places during functions where law enforcement officers are performing traffic control duties.
What Are the Possible Consequences Of A Public Intoxication Conviction?
If you are convicted of Public Intoxication, you could face a number of disruptive consequences, including…
- Fines of up to $100
- Up to 30 days in jail
- A record that may impact future employment
- Probation, often requiring classes or treatment
To fight back effectively, it will be necessary for a public intoxication attorney to evaluate the circumstances of your arrest and launch a meaningful defense.
What Defenses Are Available To Counter A Public Intoxication Charge?
A public intoxication defense attorney will review the background of your case and the events leading up to your arrest as well as police behavior, witness statements, and any cell phone, security camera, dashcam, or police body cam footage that may help your case.
Possible defenses may include…
- A lack of actual intoxication
- A medical condition that mimicked intoxication
- False or conflicting witness statements
- Your intoxication occurred on private property, not in public
- Inappropriate police behavior during your arrest
For the strongest defense possible, it’s important to get in touch with an experienced criminal defense attorney as soon as possible.
The team at Sahn Law Firm has been representing clients just like you since 2007, and will work hard to ensure that any evidence in your defense is quickly identified and preserved, and that the State’s case against you is countered meaningfully.
Have You Been Arrested For Public Intoxication? Reach Out Today
An allegation of public intoxication doesn’t have to damage your reputation, future, or record. For proactive, quality, caring legal help, get in touch with Sahn Law Firm.
Have questions, or in need of legal guidance? A free initial consultation is your next best step. Get the information, answers, and representation you need by calling Sahn Law Firm at (843) 856-2222 today.
