Austin Public Intoxication Lawyer

Public Intoxication-Overview

A charge of Public Intoxication, also known as a PI, is a Class “C” misdemeanor. Being arrested or issued a citation for public intoxication in Texas can be traumatic experience, especially if you end up spending the night in jail. Unfortunately, many responsible social drinkers will find themselves facing a public intoxication charge at some point in their lives.  Additionally, a person can also be charged with public intoxication by being under the influence of drugs, including prescription or over-the-counter medications. 

Public Intoxication-The Law

TEXAS PENAL CODE §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.

(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.

Explanation of Public Intoxication Law

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.

"Intoxicated" is defined as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

The police use several criteria to determine if an individual is at risk of harming himself or herself or another person. These include being intoxicated to the point of being vulnerable to robbery and or assault; being intoxicated to the degree that attempting to drive home might not end well; falling over drunk as this puts an individual at risk of falling into the road and being run over by a car while walking home; starting a fight; or being out of control.

Never plead guilty to public intoxication. It will come back to haunt you — especially if you later get another intoxication offense such as DWI. But you may say, "I was drunk." That doesn't matter. To prove you guilty of public intoxication, a prosecutor must prove beyond a reasonable doubt that you were intoxicated to the degree that you were a danger to yourself or to another.

Punishment Ranges

Public Intoxication is a Class “C” Misdemeanor. It carries with it a fine of up to $500. If the person that is intoxicated also happens to be a minor, the punishment terms are the same as if the person was charged with Possession of Alcohol by a Minor (MIP).

If you have been arrested with for public intoxication, contact Austin public intoxication lawyer Kevin Bennett. He can help you with all aspects of your case, including expunction.