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The charge of public intoxication in South Carolina refers to being grossly intoxicated while in a public place or at a public gathering. Public intoxication is a misdemeanor that carries jail time, steep fines, and serious social consequences. If you’ve been charged with public intoxication, don’t wait to retain an experienced Kingstree, SC, public intoxication lawyer.
Public Intoxication Is a Form of Public Disorderly Conduct
The crime of public intoxication is classified as public disorderly conduct in South Carolina, and the elements required to obtain a conviction include the following:
- The accused person was grossly intoxicated in a public place.
- The accused person was so intoxicated that they engaged in disorderly behavior.
Examples of when the charge of public disorderly conduct can apply include when someone who is fueled by alcohol spews obscenities in public or discharges a firearm within 50 yards of a public highway.
When It’s Illegal to Be Drunk in Public
It’s important to point out that while it isn’t strictly illegal to be drunk in public in South Carolina, criminal charges can apply if the fact of one’s impairment leads to disorderly conduct. Because the matter of what qualifies as disorderly conduct is not clearly defined, it affords the authorities considerable discretion.
Is It a Public Place?
For the charge of public intoxication to lead to a conviction, the incident must have happened in a public place. This definition, however, is more inclusive than you may realize. For example, in addition to those places that anyone can freely enter, the following also qualify:
- Places where people have no reasonable expectation of privacy, including public parks, public roads, stores, museums, plazas, and places of worship
- Private places where people can be observed by members of the public, such as when standing in one’s own doorway
If You’re Convicted of Public Intoxication
Public intoxication is a misdemeanor, and a conviction carries up to 30 days in jail and fines of up to $100. Criminal convictions are a matter of public information in South Carolina, which means that they can have challenging social implications like the following:
- Your overall standing in the community can be affected.
- You may have a difficult time renting a home or gaining approval for a home loan.
- You could lose your professional license.
- You may not qualify for federal financial aid, which could derail your chances of furthering your education.
- You may have difficulty finding a job – or your current job could be negatively affected.
The impact of a public disorderly conduct conviction should not be underestimated.
Turn to an Experienced Kingstree, SC, Public Intoxication Attorney for the Help You Need
Cezar McKnight at The Law Offices of Cezar McKnight is an accomplished Kingstree, SC, public intoxication lawyer whom you can count on to champion your legal rights – in fierce pursuit of a beneficial case resolution. We’re here for you, so please don’t delay reaching out and contacting us online or call 843-374-4529 for more information today.