Highlights
How to Defend Against a Public Intoxication Charge
How Do I Get Out Of A Public Intoxication Charge In Texas?
If you are charged with public intoxication in Texas, you may be able to challenge the ticket and have the case dropped, or you may be able to get a delayed adjudication. A public intoxication lawyer can advise you on the best course of action.
Can Public Intoxication Charges Be Dropped?
Texas Penal Code 49.02
Sec. 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.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(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. Full statute at https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm
According to Texas Penal Code 49.02, you are openly intoxicated if you are in a public place while under the influence of alcohol or drugs. However, being inebriated in public is not a crime in and of itself; your inebriation must make you a danger to yourself or others.
What Is The First Offense For Public Intoxication In Texas?
Texas Public Intoxication Tickets
Public intoxication can be highly subjective; it is determined by an officer’s discretion. There are frequently no sobriety tests or supporting proof that you were a threat. This can make it more difficult for a prosecutor to prove, and may provide grounds for your defense attorney to have the charge dropped.
You may be eligible for delayed adjudication if the prosecutor’s case is strong. This keeps the arrest on your record, but it prevents a conviction if you stay out of trouble throughout your probation time.
Drunk In Public Charges Dismissed
Does Public Intoxication Go On Your Record In Texas?
As far as alcohol-related offenses go, public intoxication may appear insignificant. Even as a Class C misdemeanor, though, a conviction can have long-term ramifications that impair many aspects of your life. Call a public intoxication defense lawyer now for a free consultation with a Collin County criminal defense attorney.
