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Drug Interaction w/Alcohol - charged w/public drunk

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ccb29403

Junior Member
What is the name of your state (only U.S. law)? SC

I was arrested for being a 'public drunk' and am hoping for some experienced advice. I realize this is not a very serious crime, but as someone searching for a job I do not want to have anything on my record that might be a blemish. I had recently had my dosage of Paxil increased and attribute this incident to that. Please read my description below and give advice, thanks...

On March 8th I went out with friends and have a few drink to celebrate Mardi Gras as well as my pending 30th, birthday the next day. Over a course of 4-5 hours I consumed about 6 beers and have the credit card receipts to back up that claim. After leaving the bar around 1 am I didn't feel well and while not what I would call 'drunk' I decided to walk the mile home instead of driving to be safe. On the way home I tripped (The sidewalks in this part of the town are very uneven), apparently passed out, and when I came too was confronted with an officer. Honestly the night gets a bit fuzzy from here.

His report state that I refused to give him my ID, had slurred speech, and smelled of alcohol. I don't remember being out on the ground for any amount of time, but it states that when they found me I was unconscious on the ground. I was then arrested and transported to the lock up till the next day. I didn't get out till 8pm the next day!!! apparently due the the speed of 'processing' my paperwork, but I will leave my issues with the detention folks for another thread...

At my first hearing I went in with my credit card receipts and an online description from a medical journal describing the affects Paxil can have with alcohol. I waived my right to an attorney and jury trial under the assumption that I could have a reasonable discussion with the judge and officer. After stating that I wanted to enter a plea of not guilty and that I had recently upped the dosage of Paxil, the judge cut me off and asked the Office to read his report... It included the information above about my state and refusal to give him my ID. It then went on to say that on the way to the county proceeded to kick the 'cage' in his car over 50 times and go on a verbal tirade of profanity. Needless to say I was shocked and before i could say anything the judge then states that once in lock up I apparently pounded on the glass of the cell, yelling at the guards in a belligerent manner.

What came next is just plain embarrassing. As I started to talk to the judge I got about one sentence in before I passed out on the lectern. I'm guessing a panic attack, though I have never fainted before in my life. The paramedics were called and I had to go sit with them a while before I could again stand in front of the judge. He ordered me to see a doctor and set another trial date for april.

Since then I have gotten a copy of the officers report, but was unable to get anything describing what he was talking about while at the lock up. This behavior is completely against any way I have ever acted, when I showed the report to someone who has known me for years they were unable to believe that I would act such a way, even if I was extremely intoxicated. I don't even drink that much, hardly ever use profanity, and have no violent or confrontational behavior in me....

I feel this information points me in a terrible light and kills any way for me to deal with this situation on my own. I plan on getting character references from 2 people that can attest to how odd this type of behavior is form me, as well as a medical journal article on the drug and its interaction with alcohol, and my credit card receipts outlining how much I purchased.

I'm afraid that I now might be screwed in the eyes of the judge, what should I do? I don't even drink that often and would hate this type of thing haunt me as I continue my job search.
 


dave33

Senior Member
1st off, forget about the credit card receipts. You could have bought 25 cases of whiskey with cash. Anyway, none of that matters or other details of your behavior. All you need to know is what you are officially charged with and the possible sentences. Since this is not a serious matter maybe a plea deal and some alcohol classes. I strongly suspect no matter what you do it will come down to a plea. goodluck.
 
On the package insert for Paxil, it clearly advises the patient to "avoid drinking alcohol," and this is why. You can't predict what effect it might have on your behavior.

Anyhow, nothing you have said is mitigating. It doesn't really matter that you were passed out from a combination of drugs and alcohol vs. alcohol alone:

SECTION 16-17-530. Public disorderly conduct.

Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

By your own admission, you don't really know what happened that night, so you have no way to refute the testimony of the officers.

My advice is to take whatever plea they offer you and move on.
 

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