“Public intoxication under Texas law” In Texas, while in a public setting, inebriation to the point that one could endanger oneself or othes from public intoxication is illegal. The maximum penalty for public intoxication is $500, and it is a Class C misdemeanor. The potential for a lifelong criminal record, rather than a hefty fine, is often the most serious outcome of a public drunkenness case.
Public Intoxication Under Texas Law
According to Texas Penal Code Section 49.02, “a person appears in a public place while intoxicated to the degree that the person could harm the person or another.” An establishment with a liquor license, like a bar or restaurant, is a public place for legal purposes, along with any common areas that are accessible to the general public. However, this includes public roads, offices, housing complexes, workplaces, and healthcare facilities.
The definition of being drunk for a charge of drinking and driving is either:-
- Being unable to utilize their brains or bodies normally as a result of ingesting alcohol, drugs, illegal or dangerous drugs, combinations of two or more of those substances, or
- Has a 0.08% or higher blood alcohol content.
- It is crucial to remember that public intoxication cannot avail as a defense against a charge of driving while drunk, such as an adult DWI or a juvenile DUI.
Public Intoxication under Texas Law: Explanation
It may be tempting to settle the case by paying the fee and going about your business without minding that you were found guilty of public intoxication. Perhaps you even tell yourself, “I was drunk. That is unimportant”. The act of being drunk in public is illegal. A prosecution must prove beyond a reasonable doubt that you were intoxicated to the point where you might have been a threat to yourself or other people in order to convict you of public intoxication.
If a person is sufficiently intoxicated when they enter a public space that they could risk themselves or others, they have committed an infraction. T. P. Code § 49.02
In Texas, “intoxication” is defined as the incapacity to use one’s normal mental or physical capacities as a result of consuming alcohol, drugs, dangerous drugs, a combination of two, or any other substance.
Those apprehended for public intoxication are frequently given field sobriety tests or offered a breath test. In Austin, Texas, arrests for public intoxication typically go like this.
According to Texas law, a “public place” is any location to which the general public has access. Public streets, freeways, parking lots, nightclubs, and even gated housing complexes falls under this definition, although not exclusively. Even when a person is a passenger in a vehicle, they may still be charged with public intoxication.
“Danger to Self or Others”
The police employ a number of factors to decide whether a person poses a threat to himself or others. These include getting so drunk as to make one a target for theft and/or assault; getting so drunk that attempting to drive home might not go well; falling over when drunk and running the risk of being hit by a car while walking home; initiating a brawl; or acting out of control.
Unfavorably, detention of a lot of people happens because of their attitude toward or disrespect for the detention officers rather than because of public intoxication . You can try to prevent receiving a finding of guilt for public drunkenness with the assistance of an experienced attorney who is familiar with the law and the court system.
Public Intoxication in Texas Law: Texas’s Penalties for Public Intoxication
Even though a public intoxication arrest in Texas carries a fine of up to $600, for most people, the most serious repercussion is the potential for a permanent criminal record. For instance, a lot of people commit the error of treating their PI case like a speeding ticket, which is likewise a Class C misdemeanor in Texas. Frequently, these same defendants will choose to pay a lesser fee in an effort to conclude their case quickly and move on, not realizing that this decision will result in a conviction and adding the arrest and case information to their permanent criminal record.
For kids under the legal drinking age, the penalty for a public intoxication arrest is also a Class C misdemeanor. Texas, meanwhile, has a “zero tolerance” law that makes the penalties for underage drinking more severe. An arrest for underage public drunkenness has the following penalties:
- Maximum fine: $500
- Community service: eight to twelve hours
- 30 days of license suspension
- Alcohol education class
Some FAQs about Public Intoxication Under Texas Law
The following are some FAQs concerning public intoxication under Texas Law:-
How serious is a Texas conviction for public intoxication?
Charges of public intoxication are highly serious. They are simple to acquire and, if treated improperly, quite tough to get rid of. A lifelong criminal conviction will ensue from failing to pay the citation.
Does a background check reveal public intoxication?
Yes, there will be a reveal of all public intoxication charges on background checks. Getting the case dropped is crucial if you have been found guilty of public intoxication. Otherwise, it will always appear on background checks and could be used against you in future legal procedures.
How long does public intoxication remain in the Texas public record?
In Texas, a criminal sentence is irrevocable. If you fail to get a charge of public intoxication expunged, it remains on the record permanently. Charges like this may have a negative impact on security clearances, admission to colleges, and financial aid.
Do I enter a plea of guilty to public intoxication?
Unfortunately, many people arrested in Austin for public intoxication make the mistake of defending themselves personally in court. These defendants are susceptible to making legal choices that may have unfavorable outcomes. For instance, a lot of people are unaware that pleading guilty to a charge of public intoxication and paying a fine will result in a permanent conviction on their criminal record.
Knowing what to do and how to put together a good defense after an Austin public drunkenness arrest could be critical to the case’s result. The eventual result of the case might frequently and significantly change as a result of getting legal knowledge and expertise.
In Texas, is it possible to erase public intoxication?
In most cases, a withdrawn charge of public intoxication is eligible for expunction. With this procedure, the arrest and charge are removed from the record.