What is Public Intoxication in Texas
Drunken driving, public intoxication, and disorderly conduct are just a few of the crimes that can be directly attributed to alcohol consumption. Numerous studies have shown that alcohol consumption can lead to impulsive and violent behavior. And while many people are able to drink without incident, there are still those who cross the line into which it leads to criminal activity.
Public Intoxication Discussed
There are many questions that arise when the topic of public intoxication is discussed, and the most common we seem to get from people we initially consult with is “what is actually considered a PI and what are the repercussions for such an offense?”. For instance, people often wonder if they are just seen in public after consuming a few drinks, if that constitutes public intoxication. This article is intended to provide answers to your public intoxication questions; however, it is absolutely crucial for you to meet with a criminal defense attorney right away if you’ve been charged with a Public Intoxication. A PI is when “a person appears in a public place while intoxicated to the degree that the person may endanger the person or another” as defined in Texas Penal Code 49.02. So, in short…. no. Just being out and about after a few drinks does not necessarily mean you have to worry about being charged with a P.I., but when you are endangering yourself or others, is when it starts to raise concern and can become warranted for a public intoxication arrest.
Intoxication Defined
Being intoxicated is defined the same as for a drinking and driving charge as either:
Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance in the body, or
Having a blood alcohol concentration (BAC) or 0.08% or more.
You can find more information about the drinking and driving laws here.
A PI cannot be used as a lesser charge to a drinking and driving charge, such as a DWI or a minor DUI.
Penalties for Public Intoxication
The punishment for a public intoxication arrest is a Class C misdemeanor for adults of legal drinking age and includes a find of up to $500. If charged with subsequent crimes, the penalties can be much harsher.
The Texas Code of Criminal Procedure allows for the arresting officer to release a person arrested for public intoxication to a licensed treatment facility for chemical dependency if the person requests it and a facility accepts him. The arresting officer also has the option to release a person who has been arrested for public intoxication if the officer believes that it is not necessary to protect the person from himself or another’s protection.
Underage Public Intoxication Definition and Penalties
An underage offense stated under Texas Penal Code 49.02 committed by a person younger than 21 years of age is punishable in the same manner as other underage drinking offenses defined in the Texas Alcoholic Beverage Code. The punishment for a public intoxication arrest of a minor under the age of 21 is also classified as a Class C misdemeanor, however, the punishment for this offense can be more severe as the state of Texas has a Zero Tolerance Law in effect for underage drinking. The penalties for an underage public intoxication charge may include:
- A fine of up to $500.00
- Driver’s License Suspended for 30 days
- A class for Alcohol Awareness
- And Community Service Hours
The Effects of public Intoxication
If you have been arrested for a public intoxication, DUI, or DWI in Texas, you have rights, and it is important for you to reach out to a criminal law attorney with the experience needed to help you achieve the best possible outcome. At The Law Office of Chad Zubi, PLLC, we understand that dealing with legal issues can be stressful and costly and that is why we offer free consultations to all our potential clients. Our law office is highly experienced with DUI, DWI, and Public Intoxication defense cases. During your free consultation of your legal case, you will have the opportunity to sit down and discuss your case with one of our experienced criminal defense lawyers. We will then provide you with an honest assessment of your legal options and what we believe to be the best course of action for your legal case. We understand that every case is unique, and we will work with you to find a solution that fits your individual needs. You can always contact our office by phone at 832-777-8924, email chad@chadzubi.com, our website chat, or by simply booking your free legal consultation here.
Thinking about going out this weekend? We always encourage safety first, but if you do find yourself in a legal situation, it may be a good idea to save an attorney’s number just in case. You can never be too prepared. The Law Office of Chad Zubi, PLLC is a criminal defense and family law firm that represents Houston and surrounding areas.
Harris County, Liberty County, Brazoria County, Montgomery County, Ft. Bend County, San Jacinto County, and more.
