What is the legal definition of “intoxication”?
In South Carolina, intoxication is defined as a state of mental or physical impairment caused by the influence of alcohol, drugs, or a combination of the two. In other words, it is when a person is so intoxicated that their mental and physical capabilities are affected by alcohol or drugs. Intoxication can be determined through two factors: (1) the level of BAC (blood alcohol content) in the person’s body, or (2) their behavior. A BAC of 0.08 or higher is enough to declare someone legally intoxicated in South Carolina. Behavior can also be used to determine if someone is legally intoxicated, such as if they are behaving in an unruly or disorderly manner. It is important to note that even if someone has a BAC of lower than 0.08, they can still be considered legally intoxicated if their behavior indicates they are impaired. As such, individuals in South Carolina should not rely on their BAC to determine if they are legally intoxicated. Liquor liability law in South Carolina requires establishments to take adequate steps to ensure that their patrons are not over-served alcohol and become intoxicated. This includes preventing intoxicated individuals from entering their establishments, responsibly serving alcohol, and having proper staff training. Failure to do so could lead to civil and criminal penalties.
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