McGuire Law

Columbia Public Intoxication Defense Lawyer

Public intoxication arrests often catch people off guard—leaving Five Points bars after celebrating a USC victory, walking from Vista restaurants to your hotel, or waiting outside Williams-Brice Stadium when police suddenly handcuff you.

Arrested for Public Intoxication? Call Now for Free - Protect Your Record

Available 24/7 - First Court Appearances Happen Quickly

Attorney Matt McGuire

What seems like harmless social drinking transforms into criminal charges in Columbia, South Carolina carrying jail time, fines, and a permanent criminal record appearing on every background check. Law enforcement throughout Richland County aggressively patrols entertainment districts, college areas near USC campus, and event venues, making arrests based on subjective observations about your coordination, speech, or behavior that may have nothing to do with alcohol.

Matthew McGuire has defended public intoxication cases throughout all 46 South Carolina counties for over 30 years, understanding these arrests often involve officer overreach, medical conditions mistaken for intoxication, or situations where you weren't bothering anyone. Call (888) 499-5738 immediately—McGuire Law operates 24/7/365 because public intoxication arrests demand urgent response.

The Legal Expertise of McGuire Law

Public intoxication cases often involve constitutional violations, medical misidentification, and officer subjectivity. Winning requires an attorney who challenges every aspect of the prosecution's case.

Constitutional Challenges

Identifying Fourth Amendment violations when officers stopped you without articulable suspicion you were committing crimes beyond appearing drunk.

Medical Condition Defense

Proving diabetes, neurological conditions, medications, or other health issues explain your appearance and behavior—not intoxication.

Statutory Analysis

Demonstrating you weren't "unable to care for your own safety" because you had planned transportation or were taking responsible actions.

Body Camera Review

Obtaining and analyzing officer body camera and dashboard footage showing you were cooperative and not endangering yourself or others.

Diversion Advocacy

Negotiating pretrial intervention programs allowing first-time offenders to avoid convictions through community service and compliance.

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South Carolina Public Intoxication Laws

Understanding the legal elements helps identify defense strategies. Prosecutors must prove specific facts—not just that you were drinking.

SC Code § 16-17-530

Makes it a misdemeanor to be found in an intoxicated condition in public places where you're unable to care for your own safety.

Intoxicated Condition

Means you're under the influence of alcohol, drugs, or any substance to a degree making you a danger to yourself or others.

No Breathalyzer Required

Officers need only prove you appeared intoxicated in a public place—no breathalyzer, blood test, or specific BAC level is required.

Maximum Penalties

Up to $100 fine and/or 30 days in jail, though most first offenses result in fines and court costs—plus permanent criminal record.

Safety Requirement

The statute requires you be unable to care for your own safety—merely being drunk in public without endangering yourself shouldn't qualify.

Officer Discretion

Officers have broad discretion determining whether someone is "intoxicated" based on subjective observations of behavior, speech, and coordination.

Arrests Often Occur Without Warnings

Officers frequently arrest without giving opportunities to call rides, demonstrate you can safely leave the area, or explain medical conditions.

McGuire Law's Core Values

Public intoxication charges threaten your record, career, and reputation over incidents that often don't warrant criminal punishment. Our values ensure aggressive protection of your rights.

Record Protection Priority

Fighting to keep your record clean through dismissals, diversions, or alternative resolutions that prevent permanent criminal history entries.

Constitutional Vigilance

Identifying and challenging every Fourth and Fifth Amendment violation from unlawful stops to coerced statements without Miranda warnings.

Evidence Preservation

Immediately requesting body camera footage before automatic deletion on 30-90 day retention schedules—critical evidence supporting your defense.

Medical Documentation

Working with physicians to document conditions that explain your appearance and behavior when diabetes, medications, or other health issues are involved.

Quick Resolution

Moving cases efficiently to minimize disruption to your life, employment, and education while still fighting for the best possible outcome.

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Common Columbia Arrest Locations

Law enforcement aggressively targets entertainment districts and event venues throughout Columbia. Understanding where arrests commonly occur helps identify defense strategies.

Five Points District

Bar district arrests as USC students and patrons leave establishments on Harden Street, Devine Street, or surrounding entertainment areas.

The Vista

Nightclub and restaurant area when Columbia Police patrol Gervais Street, Lincoln Street, and nearby locations after 2 AM closing times.

Williams-Brice Stadium

Tailgating and post-game arrests targeting Gamecock fans celebrating or drowning sorrows after USC football games.

Colonial Life Arena

Concert and event attendees leaving shows stopped by police patrolling surrounding streets and parking areas.

USC Campus Areas

University police arresting students outside dormitories, fraternity houses, or campus facilities during weekend nights.

Downtown Columbia

Main Street and surrounding areas where people walking between venues, waiting for rides, or using public transit face scrutiny.

The McGuire Law Difference

Public intoxication charges seem minor but create permanent records affecting your future. Matt McGuire's aggressive defense challenges every aspect of these subjective arrests.

Officer Observation Challenges

Demonstrating your behavior was reasonable, you were walking to a safe location, or arranging transportation when arrested.

Medical Condition Proof

Presenting physician testimony, medical records, or prescriptions validating alternative explanations for your appearance and behavior.

Location Challenges

Attacking arrest location by showing you were on private property, in hotel parking lots where you were staying, or areas not truly "public."

Witness Testimony

Presenting testimony from friends, rideshare drivers, or establishment employees contradicting officer claims about your condition.

Diversion Programs

Negotiating pretrial intervention allowing first-time offenders to avoid convictions through community service and compliance.

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Medical Conditions Mistaken for Intoxication

Many medical conditions produce symptoms identical to alcohol intoxication. Officers without medical training wrongly arrest people experiencing health emergencies.

Physical Conditions

  • Diabetes-related hypoglycemia or hyperglycemia causing confusion, slurred speech, and poor coordination
  • Neurological conditions including stroke, seizures, brain injuries, or concussions
  • Inner ear infections, vertigo, or balance disorders causing stumbling
  • Exhaustion, dehydration, or heat-related illness at outdoor events

Other Causes

  • Prescription medication side effects from anxiety medications, pain relievers, or antidepressants
  • Mental health crises including panic attacks, PTSD episodes, or psychiatric conditions
  • Speech impediments, accents, or disabilities affecting communication
  • Allergic reactions, asthma attacks, or respiratory distress

Collateral Consequences Beyond Fines

Permanent criminal record on background checks, professional license complications, USC disciplinary proceedings, immigration consequences, and enhanced penalties for subsequent offenses.

Frequently Asked Questions

Public intoxication charges raise important questions about your rights and options. Here are direct answers to common concerns.

Do police need to give me a breathalyzer?

No. Officers can arrest based solely on their subjective observations of your behavior, speech, and coordination—no chemical testing is required.

What if I was just waiting for a ride?

This is a strong defense. If you were taking responsible actions to get home safely, you weren't endangering yourself—a required element of the offense.

Will this show up on background checks?

Yes, if convicted. Even misdemeanor convictions create permanent records appearing on employment, housing, and professional license background checks.

What if I have a medical condition?

Medical conditions explain your appearance provide strong defenses. We work with physicians to document diabetes, medications, or other conditions causing your symptoms.

Can I get the charges dismissed?

Often yes, through constitutional challenges, medical defenses, or pretrial diversion programs. Early attorney involvement dramatically improves outcomes.

I'm a USC student—will this affect my enrollment?

It can. Criminal convictions trigger university disciplinary proceedings potentially affecting housing, scholarships, and academic standing. Avoiding conviction is critical.

Should I just pay the fine?

No. Paying a fine is pleading guilty, creating a permanent criminal record. Always consult an attorney before accepting any consequences.

Matt McGuire - Attorney

About South Carolina Attorney Matt McGuire

Matt McGuire South Carolina Attorney

With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina. We understand that legal issues can be overwhelming, whether you're facing criminal charges, dealing with injuries from an accident, or navigating family law matters.

McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation. Our firm combines over 30 years of experience with cutting-edge legal strategies to achieve the best possible outcomes for our clients.

McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here. This local knowledge, combined with our legal expertise, gives our clients a significant advantage.

Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.

Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.

Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.

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Get Started Today

When a public intoxication arrest threatens your record, career, and future opportunities – you need Matt McGuire and McGuire Law fighting to protect everything you've worked for.

Don't plead guilty without exploring your options. Our firm has defended public intoxication cases throughout all 46 South Carolina counties for over three decades with a statewide reputation for protecting clients' rights.

Columbia Office

2001 Assembly Street, Suite 102-B
Columbia, SC 29201

(888) 499-5738

Contact McGuire Law Today

If you're facing public intoxication charges in Columbia or anywhere in Richland County, contact Matt McGuire immediately at (888) 499-5738 for experienced criminal defense representation. With over three decades defending cases throughout all 46 South Carolina counties and a statewide reputation for protecting clients' rights, our firm fights to keep your record clean. Don't plead guilty without exploring your options—call now, chat online, or schedule your free consultation. We're available 24/7/365 because your future matters.

"No waiting. Only winning."