A night out in Myrtle Beach can take an unexpected turn if an officer approaches you because you appear intoxicated, you get into an argument, or someone reports a disturbance.
You might hear terms like “public intoxication,” “drunk in public,” or “disorderly conduct,” but these terms do not necessarily describe the same offense.
In South Carolina, the law that applies depends on where the incident occurred, what the person allegedly did, and the specific charge.
The statewide disorderly conduct statute addresses gross intoxication in certain public places, as well as other types of conduct. Some municipalities also have their own ordinances addressing public intoxication or impairment.
If you live outside South Carolina and were stopped or cited while visiting Myrtle Beach, it can be especially confusing to figure out what happens next.
Understanding the difference between public intoxication and disorderly conduct can help you make sense of the citation and identify the questions you should ask before resolving the case.
Coastal Law represents people facing criminal charges in Myrtle Beach, Conway, Charleston, and other South Carolina communities. If you are unsure what you have been charged with, a criminal defense attorney can review your paperwork and explain your options.
Is Being Drunk in Public Illegal in South Carolina?
There is no single statewide offense in the South Carolina Code titled simply “public intoxication.” However, that does not mean every form of intoxicated behavior in public is lawful.
South Carolina Code § 16-17-530 addresses public disorderly conduct. Among other things, it covers a person who is on a highway, at a public place, or at a public gathering in a grossly intoxicated condition or who otherwise behaves in a disorderly or boisterous manner.
The statute also addresses certain obscene or profane language in specified locations and certain firearm discharges while under the influence. Public intoxication is therefore one part of a broader state law, not a separate statewide offense bearing that exact name.
Local public intoxication ordinances may also apply
South Carolina municipalities may have ordinances that address public intoxication or impairment. The wording and requirements of a local ordinance may differ from the statewide disorderly conduct statute.
For example, a citation issued in Myrtle Beach may involve a municipal ordinance rather than, or in addition to, a charge under state law. The location and exact charge matter, so it is important to check the current ordinance rather than assume the rules are identical throughout South Carolina.
If you received a citation, look at the offense listed on the paperwork and the court identified on it. If you are not sure what the charge means, ask a South Carolina criminal defense attorney to explain it.
Public Intoxication vs. Disorderly Conduct: The Main Differences
The easiest way to understand the distinction is to look at what the applicable law prohibits.
Public intoxication generally refers to being intoxicated or impaired in a public place under a relevant local ordinance. Disorderly conduct under state law covers several categories of behavior, including gross intoxication in public, disorderly or boisterous conduct, certain language, and specified firearm-related conduct.
Scenario 1: You have been drinking but are not causing a disturbance.
Suppose you have been drinking at a restaurant or bar in Myrtle Beach and are walking through a public area. You are not threatening anyone, fighting, or creating a disturbance.
Whether your conduct violates a law depends on the applicable ordinance and circumstances. The fact that you consumed alcohol does not automatically establish that you committed disorderly conduct under state law.
An officer may still investigate if they believe you are dangerously impaired or that another law has been violated. The relevant question is what the law requires and whether the available evidence supports the charge.
Scenario 2: You are accused of causing a public disturbance.
Now imagine that an argument breaks out outside a crowded bar. Witnesses report that someone was shouting, behaving aggressively, or disrupting others.
Depending on what allegedly happened, the situation may raise a disorderly conduct issue under S.C. Code § 16-17-530. A local ordinance could also be relevant.
The distinction is not simply whether alcohol was involved. It is whether the alleged behavior meets the requirements of the particular law being applied.
Scenario 3: You argue with a police officer
A person who disputes an officer’s decision or uses offensive language may worry that any disagreement automatically amounts to disorderly conduct.
That is not the rule. The First Amendment protects a significant amount of speech, including criticism of police. Profanity alone does not automatically establish a disorderly conduct offense.
However, threats, fighting words, or separate conduct that violates the law may present different issues. The details of the encounter and the evidence matter.
For a more detailed discussion of these issues, see Coastal Law’s guide to disorderly conduct charges and defenses in South Carolina.
What Happens If You Receive a Public Intoxication or Disorderly Conduct Citation?
A citation may seem minor, particularly if you were visiting South Carolina for a weekend. But you should not assume that ignoring it is harmless.
Start by reviewing the citation or other paperwork. Identify the exact offense, the court handling the case, and any date or instructions you must follow. A municipal case may follow a different process from a charge brought under state law.
If you live in another state, do not assume that leaving South Carolina makes the case go away. Find out whether you are required to appear and whether an attorney can appear on your behalf in your circumstances.
You should also preserve any evidence that may help explain what happened. This could include cellphone video, photographs, receipts, witness contact information, or other records that establish where you were and what occurred.
Avoid posting detailed explanations of the incident on social media. If you are concerned about what to say to police or how to respond to the charge, speak with a lawyer before making decisions.
Coastal Law’s article, What Happens After You Are Arrested in South Carolina?, provides more information about the criminal process.
What Myrtle Beach Visitors Should Know
Myrtle Beach draws visitors for vacations, nightlife, concerts, festivals, and motorcycle events such as Bike Week. Crowds, alcohol, and tense interactions can lead to situations where law enforcement gets involved.
If an incident occurs while you are visiting, try to avoid escalating the situation. Do not physically interfere with an officer, and do not assume that arguing about a citation will make it disappear. You can preserve your rights and challenge a charge through the legal process.
If you believe an officer misunderstood what happened, make a note of the circumstances as soon as you safely can. Preserve video or other evidence, and write down the names of potential witnesses while the details are still fresh.
Can These Charges Be Dismissed or Expunged?
The answer depends on the exact offense, the evidence, and how the case is resolved.
A charge may be dismissed or result in another outcome depending on the circumstances. South Carolina also has specific procedures for certain first-time disorderly conduct offenders, including conditional discharge under § 16-17-530(B), subject to statutory requirements and circuit solicitor approval.
A qualifying conditional discharge and dismissal may allow the person to apply for expungement under § 16-17-530(C). Other expungement provisions may apply to certain dismissals, acquittals, or diversion outcomes.
Do not assume that a citation automatically creates a permanent criminal record, or that a dismissal automatically removes every record. The legal effect depends on the disposition and applicable law.
For more information, read Coastal Law’s article about expunging criminal charges in South Carolina. For a full discussion of disorderly conduct defenses and conditional discharge, see the comprehensive disorderly conduct guide.
Frequently Asked Questions
1. Is it illegal to be drunk in public in South Carolina?
It depends on the applicable law. The statewide disorderly conduct statute addresses gross intoxication in certain public places, and municipalities may have their own public intoxication or impairment ordinances.
2. Is public intoxication the same as disorderly conduct?
No. Public intoxication generally concerns impairment in public under an applicable local ordinance. State disorderly conduct law covers several types of conduct, including gross intoxication in public and certain disorderly behavior.
3. Can I be charged with disorderly conduct for arguing with a police officer?
Criticism of police and other protected speech are not automatically criminal. The circumstances, the content of the speech, and any accompanying conduct matter.
4. What if I received a citation while visiting Myrtle Beach?
Read the paperwork carefully, confirm the court and any required appearance date, and do not assume that leaving South Carolina ends the case. A South Carolina criminal defense attorney can explain your obligations and options.
5. Can a public intoxication or disorderly conduct charge be expunged?
Possibly. Eligibility depends on the charge, how the case was resolved, and the applicable expungement law. Certain conditional discharges and dismissals have specific statutory procedures.
How Coastal Law Can Help
If you have been cited or arrested for public intoxication or disorderly conduct in South Carolina, the first step is to identify the law you have allegedly violated.
Coastal Law handles criminal defense matters in Myrtle Beach, Conway, Charleston, and other South Carolina communities. The firm reports more than 25 years of experience and more than 10,000 clients.
An attorney can review your citation or charging documents, explain the applicable law, and help you understand the available options. The appropriate approach depends on the facts, the evidence, and the specific charge. No particular outcome can be guaranteed.
If you were charged while visiting Myrtle Beach or live elsewhere in South Carolina, contact Coastal Law to discuss your situation.
Reviewed by Michael H. Wells
This page was reviewed for legal accuracy by Michael H. Wells, founder of Coastal Law, LLC. Mike has represented clients in South Carolina since founding Coastal Law in 2001, with a practice focused on criminal defense, personal injury, and civil litigation.
Learn More About Michael H. Wells
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