South Carolina Public Intoxication Laws

Just being tipsy in public in South Carolina is not against the law. However, anyone who is really drunk and acts like it can be charged with public disorderly conduct. This is a misdemeanor crime in South Carolina. While the law may seem somewhat lenient, it has been interpreted quite broadly by courts.

Is Public Intoxication Illegal in South Carolina?

Yes. Under South Carolina law, it's a misdemeanor to be found on a highway, in a public place, or at a public gathering in a "grossly intoxicated condition" or to otherwise behave in a disorderly or "boisterous manner." While the term "grossly intoxicated" is not defined by South Carolina law, the term has been interpreted by courts to refer to intoxication that is apparent to an outside observer (often a police officer).

Public intoxication falls under South Carolina's public disorderly conduct laws. Disorderly conduct also includes firing a gun within 50 yards of a public road while under the influence of alcohol, except upon one's own premises.

Under a separate law, South Carolina makes it a misdemeanor to drink alcohol on public transit, such as a bus or commuter rail. There are exceptions for railroad dining and club cars and commercial airlines.

(S.C. Code §§ 16-17-530, 61-6-4720 (2024).)

Understanding South Carolina's Public Disorderly Conduct Law

South Carolina's public disorderly conduct law is broader than similar laws in other states.

Gross intoxication. Unlike many other states, South Carolina requires only that the person be in a public place and grossly intoxicated for a public drunkenness charge. Many other states won't allow an arrest or charges for such behavior unless the person is a danger to oneself or others or annoying or bothering others.

In public. In general, the concept of public place encompasses areas where anyone may freely enter. But, for purposes of the South Carolina public disorderly conduct law, a person violates the law by behaving in a manner that is observable by members of the public if they happen to look.

Grossly intoxicated in a car. Under South Carolina law, a person may be considered to be engaging in public disorderly conduct even when the only people present are the disorderly individual and the arresting officer. For instance, an officer pulled over a vehicle with a drunk passenger in it. The passenger refused to get out of the car and yelled and cursed at the officer. The officer arrested him for being grossly intoxicated in public and the court upheld the conviction. (State v. Pittman, 537 S.E.2d 563 (S.C. App. 2000).)

Penalties for Public Intoxication in South Carolina

Public intoxication carries misdemeanor penalties in South Carolina. A person faces up to 30 days of jail time and a $100 fine.

A first-time offender (with no prior disorderly conduct or public drunkenness convictions) might be allowed to enter treatment instead of receiving a conviction. Called conditional discharge, the judge takes the defendant's guilty plea or verdict but won't enter it into the record, as long as the defendant cooperates in a treatment program. If successful, the judge will discharge the defendant and dismiss the case. The defendant can also ask the court to expunge all related records.

(S.C. Code § 16-17-560 (2024).)

Defenses to Public Disorderly Conduct

There are several defenses to public disorderly conduct in South Carolina. Here are a few of them.

Conduct Not "Public"

Where an intoxicated person's misconduct took place in an entirely private setting, and not in the presence of a police officer, she should be able to beat a public disorderly conduct charge.

Not Intoxicated

Some medical and other conditions can mimic intoxication. A person visibly stumbling down the sidewalk and slurring his words may reasonably be viewed as publicly intoxicated and possibly in violation of the South Carolina public disorderly conduct law. But, if he is a diabetic and explains that he was suffering a hypoglycemic episode at the time, he should not be convicted. If the underlying conduct leading to the charge is the appearance of intoxication, the prosecutor must prove intoxication.

Certain prescription medications may also cause a person to appear intoxicated. So long as the person is not otherwise engaging in misconduct, the simple appearance of intoxication caused by properly prescribed and used medication would be a defense to a public disorderly conduct charge.

What to Do If You Face Charges

Even though the penalty for public disorderly conduct is relatively minor, a conviction goes on one's record and is potentially available to employers, insurers, and others. As with any criminal charge, it is wise to consult an attorney to protect your rights and determine your options.