Public Intoxication is a Class C misdemeanor, the same as a general traffic ticket, and punishable by a fine up to $500 with the possibility of jail time up to 12 hours. Some may consider a Public Intoxication charge a minor offense since it is only a Class C misdemeanor but having this on your record could very likely affect your future by hindering job or education opportunities.
According to Texas Penal Code § 49.02, if a person appears in a public place while intoxicated to the degree that he may endanger himself or another person he is guilty of Public Intoxication. Intoxication means that a person lacks the normal use of mental or physical abilities because of the presence of alcohol, a drug (prescription, controlled, or even over-the-counter), a combination of substances, or any other substance in the body.
A public place means any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, and shops. A person could be charged with Public Intoxication in a bar or even riding as a passenger in a car. At the time of the offense, the officer could merely issue a citation and release the individual to the care of an adult but an officer may arrest the person and have them remain in jail for up to 12 hours.
If a minor (under the age of 21) is arrested for Public Intoxication, the consequences do not stop with a mere fine. A minor’s license may be suspended for 30 days. A minor’s second offense can result in a suspension of 60 days and a third can result of 180 days.
Being arrested for Public Intoxication can be both a humiliating and traumatic experience but if you find yourself in that position, make sure you find an attorney that you can trust to do everything possible to help fight for you and win your case. There are good criminal defense attorneys serving Williamson, Travis, Hays, Collin,
Dallas, and Tarrant Counties that can assist you with your legal needs.
If you have any questions about what constitutes public intoxication or have been charged with any other alcohol related offense, feel free to leave a comment or visit us on Facebook and fill out a free case evaluation form with no obligation.