It’s not illegal in the State of Texas to have a couple of beers before going for a walk. Even going out dancing or a jog after you have been drinking is legal in Texas. But, if you have been drinking, are out in public, and are endangering yourself or someone else, you’re breaking the law. According to Section 49.02 of the Texas Penal Code, public intoxication is when “a person appears in a public place while intoxicated to the degree that the person may endanger the person or another.” For the purposes of this law, a location that’s licensed to sell alcohol (such as a bar or restaurant) is considered a public place. The same is true for areas where people have public access, which can include:
- Schools
- Hospitals
- Office buildings
- Apartment buildings
- Public roadways
The definition for intoxication in the State of Texas is the same as it is for drinking and driving, which can include the following:
- Not having the normal use of your mental or physical faculties because you were using alcohol, a controlled substance, a drug, a dangerous drug, or a combination of two or more of these substances.
- Having a Blood Alcohol Concentration (BAC) of 0.08% or more.
Public intoxication in Texas can’t be used as a lesser charge to a drinking and driving charge (such as an adult DWI or a minor DUI). If a police officer has reasonable suspicion that you’re intoxicated and perform a pat-down search that gives them more grounds for an arrest, this evidence can also be used to charge you with additional crimes. A minor can also be charged with public intoxication, and it can be punished in the same way as any other underage drinking offenses (as it is defined in the Texas Alcoholic Beverage Code).
Definition of a Public Place Under Texas Law
According to Texas Law, any area to which the general public has access is considered a public place. This can include any common areas, such as the following:
- Streets
- Sidewalks
- Parks
- Schools
- Hospitals
- Apartments
- Office buildings
- Transport facilities
- Stores
- Parking lots
- Public events
This definition also applies to areas that are licensed or are allowed to sell alcohol, which can include private clubs. If the prosecution can prove that you could pose a danger to yourself or others, it will be enough to convict you. They don’t have to prove that you posed any immediate danger, and this assessment is largely left to the discretion of the arresting officer.
Criteria for Determining Danger to Oneself or Others
The police use several different things to determine if people are in danger to themselves or others. Some of them can include, but may not be limited to:
- Being intoxicated to the point of being vulnerable to a robbery or assault.
- Being intoxicated to the point that trying to drive home may end in a bad result.
- Falling over drunk, which can put them at risk of falling into the road and being run over by a car.
- Starting a fight or being out of control.
Many people that are arrested for public intoxication in Texas because they have a bad attitude or are being disrespectful to the officer — not because they were actually intoxicated. A qualified attorney will be able to work on your behalf to help you avoid a public intoxication conviction.
Penalties for Public Intoxication in Texas
In the State of Texas, public intoxication is typically considered a Class C Misdemeanor (which carries a fine of up to $500). But, an arrest can still mean getting taken to the police station for fingerprinting, booking, and getting a mugshot. It can also mean sitting in jail for hours until they believe you’re sober enough to no longer be a danger to yourself and others. A criminal conviction for public intoxication can also be embarrassing, especially since most people would like to avoid a criminal record.
Possible Defenses to Public Intoxication Charges
Public intoxication charges in the State of Texas can be very subjective. What the police believes to be intoxication to the point where you’re endangering yourself and others may not be considered endangering intoxication to the judge or jury. There are many possible defenses to public intoxication in Texas that can help you to avoid a criminal conviction. Some of them can include, but may not be limited to:
- You were not intoxicated.
- You were not in a public place.
- You were not endangering yourself or others.
A qualified criminal defense lawyer in Corpus Christi can help you to come up with a defense that can improve your chances for a favorable outcome, which can include challenging the circumstances of the arrest. If you have been charged with public intoxication and are looking for the best criminal defense attorney in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group.
Public Intoxication FAQ
Also referred to as “public drunkedness,” public intoxication is considered to be a misdemeanor offense in the State of Texas. It happens when someone is noticeably drunk or under the influence of drugs while he or she is in public. These laws have been put in place to discourage people from disturbing others who are in public places. They also give law enforcement officers a reason to remove people from public areas who may be a danger to themselves and others. Unlike a DWI (which can carry mandatory minimum penalties), public intoxication is often seen as a minor misdemeanor offense.
Here are some common questions people ask about public intoxication in Texas.
In Texas, you can be charged with public intoxication if you’re in a public place and appear to be intoxicated to the point where you could be a danger to yourself and others. Unlike a DWI charge, it doesn’t require you to have a specific Blood Alcohol Concentration (BAC). It focuses more on your behavior and level of impairment while you’re in a public place.
The public intoxication statute in the State of Texas considers bars and other places that sell liquor as public places, but a lot of areas can also be considered to be a public place. According to Texas Law, a public place is “any place to which the public or a substation group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.”
There isn’t an exclusive list of public places. The more relevant question is whether an area is a public place or a place to which the public has access. If a large portion of the public has access to a specific location, it can be considered a “public place” (even if it’s a private property).
Texas public intoxication is considered to be a Class C misdemeanor, which is the lowest type of offense in the state. So, it’s not seen as a serious crime. The penalties for public intoxication can include a fine of up to $500, community service, and possible enrollment in an alcohol education program. While it’s not considered a serious crime that will carry the risk of jail time, it can still cause you to have a permanent criminal record (which can have other consequences related to future employment and other opportunities).
If you were charged with public intoxication in Texas and completed all of the required penalties or programs, you might be able to get the charge expunged from your criminal record. It’s a legal process that will allow you to remove certain parts of your criminal record from public view so you can have a “fresh start.” You’ll have the opportunity to move forward without having to deal with the stigma that comes with a past conviction. Be sure to speak to a qualified attorney for more information.
If you have been charged with public intoxication in Texas, there are several defenses that you might be able to use. Some of them may include the following:
– Disputing the level of intoxication.
– Proving that you did not pose a danger to yourself and others.
– Claiming that the arrest was unlawful or based on insufficient evidence.
Be sure to speak to a qualified attorney about what may work in your case.
Several more serious charges can be added to Texas public intoxication. Some of them include the following:
Intoxication Assault — This will apply to anyone who causes serious bodily harm to someone else through the use of a vehicle, aircraft, or watercraft. Intoxication assault is usually classified as a third-degree felony, which is punishable by 2-10 years in prison and a fine of up to $10,000.
Intoxication Manslaughter — You can face this type of charge if your actions resulted in the death of someone else. It’s usually considered a second-degree felony, which can come with 2-20 years in prison and a fine of up to $10,000.
Driving While Intoxicated (DWI) — If your public intoxication involved the use of a motor vehicle, you could also be charged with a DWI. This type of offense can come with jail time, steep fines, and license suspension. You may also be required to have an ignition interlock device installed on your vehicle.
If you have been charged with public intoxication and are looking for a criminal defense attorney in Corpus Christi to help you, be sure to get in touch with Gale Law Group.