PUBLIC INTOXICATION ARREST LAWYER

What is it? Public Intoxication is a criminal offense prohibiting a person to be intoxicated in a public place or area with public access. The individual need not be heavily intoxicated; just so intoxicated that the person can no longer care for themselves or creates a danger to others.

What makes it illegal?  Texas Penal Code Sec. 49.02.  PUBLIC INTOXICATION indicates that a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

What are the Punishments? For individuals arrested for Public Intoxication who are over the age of 21, the punishment for being Drunk in Public or Public Intoxication is a Class B Misdemeanor, meaning the individial could face up to six months in state jail and fines of up to $2000. An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies, meaning for individuals arrested for Public Intoxication who are under 21 years of age, the offense is considered a Class C Misdemeanor, punishable by fines of up to $500, along with the potential to Suspend a Driver's License or Delay the ability to obtain one. For repeat offenders under the age of 21, who have been previously convicted at least twice of an offense to which this section applies, the offense is punishable by: (1)  a fine of not less than $250 or more than $2,000;(2)  confinement in jail for a term not to exceed 180 days; or(3)  both the fine and confinement.

Common Criminal Cases Involving Drunk in Public Arrests: The most common drunk in public arrests are the result of being stopped while walking home from a bar or college party. Officers typically observe loud or rowdy behavior that is sometimes accompanied by fighting, vandalism, or shouting.

TEXAS PENAL CODE Sec. 49.02.  PUBLIC INTOXICATION

Sec. 49.02.  PUBLIC INTOXICATION.  (a)  A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1)  For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (b)  It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. (c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (d)  An offense under this section is not a lesser included offense under Section 49.04. (e)  An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

 

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