Public Intoxication

Public Intoxication in Texas: Legal Definition, Penalties, and Considerations

In Texas, public intoxication is addressed under Texas Penal Code §49.02, which criminalizes appearing in a public place while intoxicated to the degree that the individual may endanger themselves or others. The law applies to all public places, including streets, parks, and establishments licensed under the Alcoholic Beverage Code.(Findlaw)

Legal Definition

According to Texas Penal Code §49.02, a person commits an offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. The statute defines “intoxicated” as not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, or any combination thereof. (Wikipedia)

Penalties

Public intoxication is typically classified as a Class C misdemeanor, punishable by a fine of up to $500. However, for individuals under the age of 21, Texas enforces a Zero Tolerance Law, leading to stricter penalties:(Texas Criminal Defense Group)

• A fine up to $500(Saputo ✭ Toufexis)

• Mandatory 8 to 12 hours of community service(Texas Criminal Defense Group)

• Driver’s license suspension for 30 days(Texas Criminal Defense Group)

• Requirement to attend an alcohol awareness class (Texas Criminal Defense Group)

Additionally, if an individual has two or more prior convictions for public intoxication, the offense may be elevated to a Class B misdemeanor, which carries more severe penalties, including:

• A fine up to $2,000

• Up to 180 days in jail (David D. White Law)

Legal Considerations

A conviction for public intoxication can result in a permanent criminal record, potentially impacting employment opportunities, housing applications, and other aspects of life. It’s important to note that law enforcement officers have discretion in determining whether an individual is intoxicated to the degree that they pose a danger, and no specific blood alcohol content is required for a charge.

Legal Assistance

If you or someone you know is facing charges related to public intoxication in Texas, it’s crucial to seek experienced legal representation. Wilkerson & Campbell, PLLC specializes in criminal defense and is committed to protecting your rights.

• Phone: 844-849-9789

• Address: 2201 Main Street, Suite 206, Dallas, TX 75201