What are the Penalties for Public Intoxication?

South Carolina law defines public intoxication as being “grossly intoxicated” in public to the point of disturbing the peace. Law enforcement is cracking down on all types of disorderly conduct, and that includes public intoxication. While being “tipsy” will not necessarily result in a public intoxication charge, the same does not apply to individuals who exhibit boisterous or dangerous behavior in a public space. South Carolina classifies public intoxication, or public disorderly conduct, as a Class C misdemeanor, punishable by 30 days in jail or a $100 fine.

At The Law Offices of L. Morgan Martin, P.A., our Conway, SC, criminal defense lawyers are here to make you aware of the law and apprise you of your legal options. If you have been charged with public intoxication, now is the time to act. While the penalties for public intoxication are relatively minor, a conviction will be visible to anyone who accesses your record, significantly impacting your future.

SC Code §16-17-530

According to South Carolina law, a person is guilty of public intoxication (referred to under state statute as “public disorderly conduct”) under the following circumstances:

• If the person is found in a public place, grossly intoxicated, or is behaving in a disorderly or boisterous manner
• If the person is speaking profanely or is using obscene language in any public place or within hearing distance of a school or church
• If the person discharges a gun, pistol, or firearm within fifty yards of any public road or highway, excluding if the firearm is discharged on their own property

Pre-Trial Diversion Programs in Conway, SC

While public intoxication and other charges are considered minor offenses, as a first-time offender, you may qualify for alternative sentencing. In South Carolina, alternative sentencing options for public intoxication include diversion programs. Successful completion of any of these programs will make you eligible to have your charge dismissed, keeping your record clean. Below, we discuss the various types of pre-trial diversion programs. 

Pre-Trial Intervention (PTI)

Pre-Trial Intervention is available to non-violent offenders or those who have no criminal history or no significant record. Eligibility will be determined by the circuit solicitor (district attorney), examining several factors, including if the individual’s time would be better served outside of prison, if they have not previously participated in PTI, if they have no significant criminal history, if they pose no threat to the community, and if they are likely to respond well to rehabilitative treatment.

Conditional Discharge

If you are charged with public intoxication, you may be eligible for conditional discharge. If you are tried in General Sessions Court, you will be required to enter a guilty plea, although a judgment will not be entered against you. It is up to the judge, prosecutor, and police if your conditional discharge request will be granted.

Eligibility will depend on the discharge being approved by the Circuit Solicitor, you having no prior convictions for public disorderly conduct, you having no prior history of similar offenses, and your participation in a treatment and rehabilitation program if one is available. Successful completion of the required conditions will result in the charges against you being dismissed.

Alcohol Education Program (AEP)

Underage individuals (ages 17-20) facing a public intoxication charge who are also first-time offenders will be required to complete an alcohol education program (AEP). AEP requirements include eight hours of counseling, twenty hours of community service, and assigned homework. For successful completion of the program, participants must fulfill the requirements within 60 days.

Speak with a Conway, SC, Criminal Defense Lawyer Today

Being accused of public intoxication can place your future in shambles, not to mention the damage it can do to your reputation. Individuals who are convicted of misdemeanor charges may have trouble finding suitable work or a place to live. Skilled professionals may be denied renewal of professional licensure, forcing them to take menial jobs to make ends meet. 

At The Law Offices of L. Morgan Martin, P.A., we know that minor transgressions happen, but that should not come at the expense of your civil liberties. Our Conway, SC, criminal defense lawyers are committed to seeking justice for those who find themselves on the wrong side of the law. Our team will work tirelessly to help you achieve the best possible outcome given your situation. To learn more or arrange your initial consultation, do not hesitate to contact our Conway, SC, office online or by phone at (843) 248-3177.