Charleston Public Intoxication Defense Attorneys

Defending Against Public Intoxication Charges in South Carolina

At Thurmond Kirchner & Timbes, P.A., we know that even good people make mistakes. If you were arrested for public intoxication or charged with public disorderly conduct in South Carolina, seeking sound counsel from an experienced public intoxication defense attorney is imperative to avoid harsh consequences and protect your hard-earned reputation.

Our seasoned defense lawyers have nearly 25 years of experience defending the accused against public disorderly conduct charges in Charleston and beyond. Our firm can collaborate closely with you to establish a well-fortified defense on your behalf while vigorously protecting your rights. Don’t wait to secure the skilled representation you need to avoid a criminal conviction.

Arrested for public intoxication? Call (843) 790-0083 to schedule a free, confidential consultation with our experienced defense attorneys.

What Is Public Intoxication?

In South Carolina, it isn’t a crime to be intoxicated in public. However, appearing “grossly intoxicated” or behaving in a disorderly fashion can result in public disorderly conduct charges. This offense is codified in the SC Code of Laws § 16-17-530, which states that a person commits public disorderly conduct when they “are found on any highway or at any public place or gathering” while intoxicated.This applies when:

1. The person is grossly intoxicated condition or otherwise conducting themselves in a disorderly or boisterous manner;
2. The person uses profane or obscene language in public or within earshot of a schoolhouse or church; or
3. The person discharges a firearm within 50 yards of a public road or highway while intoxicated.

What Constitutes a “Public Place”?

Under South Carolina’s public disorderly conduct law, a “public place” applies to any area that can be entered freely without a reasonable expectation of privacy. Common examples of public areas under § 16-17-530 include:

• Public roads
• Public parks
• Retail shops and restaurants
• Churches and places of worship
• Schools and academic institutions

Keep in mind that even if you’re located in a private area, you can still be charged with disorderly conduct if your behavior is observable to others in public spaces. For example, if you’re shouting obscenities in your own backyard, you can face criminal charges if your behavior is loud or belligerent enough to be observed by neighbors using public streets or nearby parks.

Is Public Disorderly Conduct a Felony in SC?

Public disorderly conduct is considered a misdemeanor offense in South Carolina. Penalties may include:

• Up to 30 days in jail
• Up to $100 in fines

Keep in mind that these penalties may be enhanced if the defendant has prior convictions on their record.

Defending Against Public Disorderly Conduct

Defending against public disorderly conduct can be tricky due to the ambiguity around legal definitions. For instance, South Carolina statutes don’t define “disorderly” and “grossly intoxicated.” This can lead to subjective interpretations and give arresting officers more leeway in their explanation for the arrest.

It's safe to assume that if your behavior is observable to outside witnesses, it may be considered gross intoxication under the law. Consulting with a qualified attorney is paramount to avoid serious consequences. Some common strategies to defend against public disorderly conduct include:

• There is a lack of evidence to convict you: In criminal proceedings, the prosecution bears the burden of proof. To convict you, your guilt must be established “beyond a reasonable doubt.” If there is a lack of evidence to convict you for the offense, such as police reports, witness testimonies, or surveillance footage, the charges may be dismissed.
• Misinterpretation of behavior: In some cases, misunderstandings can result in flagging lawful behaviors as disorderly conduct. For example, being loud and boisterous doesn't necessarily mean you're causing a disturbance. If the behavior in question was acceptable or permitted under the circumstances, your lawyer can fight to get the charges dismissed.
• You acted in self-defense or defense of others: If your disorderly conduct was in self-defense or defense of others, your attorney may argue that your behavior was necessary to protect your safety or the safety of those around you.
• Your arrest was unlawful: If the police violated lawful protocol when arresting you, such as conducting an unreasonable search or seizure or lacking reasonable suspicion to make the arrest, you may argue to dismiss the charges due to a lack of probable cause.

Remember, securing a strong defense from a trusted lawyer is essential to determine which defense strategy is most effective for your unique circumstances. Our Charleston attorneys can meticulously evaluate your case to establish the best defense to employ on your behalf.

Aggressively Defending the Accused in Charleston

When you partner with our award-winning criminal defense lawyers at Thurmond Kirchner & Timbes, P.A., you'll put almost 25 years of experience in your corner. Since 2005, our attorneys have diligently defended the accused in Charleston and beyond, working tirelessly to obtain the second chances our clients deserve. Our compassionate advocates understand that no one is immune to mistakes, which is why we're committed to safeguarding your freedom and protecting your rights at all costs. From assault to domestic violence, our firm has extensive experience and a winning track record of results to fight for a favorable outcome on your behalf.

If you’re facing criminal charges in Charleston or the surrounding area, contact us online to learn how our attorneys can fight to restore your freedom.