Public Intoxication in Texas

When the drinks are flowing, a fun time can unfortunately take a dark turn into legal troubles. Everyone knows that if you’re acting like a fool in a bar, you might be cut off or asked to leave. But do you know how the law defines public intoxication? Do you know what the possible consequences of being charged in Texas are? Do you know that there are ways you can have this charge removed from your criminal record?

Here is a handy guide for people charged with public intoxication in Texas, explaining not only the facts of the law, but also possible defenses in court that might result in the charge being dismissed, acquitted, or reduced. One night of taking it too far doesn’t have to haunt you forever.

When is Someone Considered Publicly Intoxicated Enough to be Charged?

Most people have been slightly tipsy after a drink in a public space before, but according to Texas Penal Code Section 49.02, a person has crossed the line and can be charged with public intoxication if they are:

• •  Intoxicated by alcohol, controlled substances, or a combination to the point where they are a danger to themselves and others
• •  In a public space (which could include private property that is accessible to the public, like a bar or store)

 
Law officers might determine a person is dangerous if their intoxication level is significantly impacting their:

• •  Judgment
• •  Normal cognitive function
• •  Physical coordination

 
This law is preventative, which means a person does not have to have done anything dangerous yet to be charged with public intoxication. Law officers only need to reasonably believe an intoxicated person is at risk of doing something that could harm themselves or others.

Behaviors that Often Lead to a Public Intoxication Charge

• •  Starting verbal or physical fights: It’s common sense not to start throwing hands in front of police, but swearing and being verbally aggressive or provocative is also a red flag for officers, who might argue that you were about to escalate the situation.
• •  Getting loud and disruptive: You don’t have to be aggressive or violent to call too much attention to yourself. If you’re acting strangely or making a lot of noise in a crowded area, you might be singled out by police.
• •  Being unsteady on your feet: Stumbling or generally uncoordinated walking might bring officers’ attention to you, because you look at the risk of accidentally walking into a dangerous situation and being vulnerable to bad actors like pickpockets
• •  Making no sense: If you’re speaking to law officers but not making much sense because you’re slurring your words or not following their questions, that might be enough evidence for them that you’re dangerous to yourself or others.
• •  Being unable to stand: This one might sound obvious, but if you’re intoxicated to a degree that you’re unable to get up on your own, you’re likely to be charged with public intoxication.

Average Jail Time for Public Intoxication in Texas

People charged with public intoxication are usually only jailed for as long as it takes them to become sober again and will be released within 24-48 hours. Jail time is not used as a punishment for first-time offenders, but penalties can add up for people who have been charged multiple times. Repeat offenders can face up to 180 days in jail in Texas for public intoxication.

Stigma after a Public Intoxication Charge

Compared to other criminal charges, public intoxication is a minor offense without serious consequences, especially for a first-time offender. However, this charge can be embarrassing on a personal and professional level. Friends and family might feel it’s an example of deeper substance abuse or self-control issues and it could cause additional tensions in your relationships.

Even if you’re not convicted, the charge can be flagged on a background check. Potential employers who see this might assume you are irresponsible and liable to embarrass them. With legal assistance, it might be possible to reduce, dismiss, or expunge the charge from your record, helping you shake the stigma of an unfortunate mistake.

Growing From a Public Intoxication Charge

Getting arrested for being too intoxicated can be very embarrassing, but it does not reflect poorly on your character if you’re willing to learn and grow from it, and be smarter in your actions going forward. Prosecutors are human, too, and most are willing to hear your story and work with you if you show remorse. With legal help, you might be able to avoid this blemish on your record and start to move forward.

Public Intoxication FAQs

1. 1. Is public intoxication a felony in Texas? No. Public intoxication is a Class C misdemeanor in Texas. It is much less severe than a felony, but still carries legal consequences.
2. 2. Does a public intoxication arrest show up on a background check in Texas?
    A charge of public intoxication will show up in a background check, but there are legal avenues to have this charge expunged or sealed so it will not, depending on your case.
3. 3. What is the fine for a Texas public intoxication charge?
    You could be fined up to $500 for a public intoxication conviction.
4. 4. Can I get jail time for public intoxication in Texas?
    Jail time is not used as punishment for public intoxication in Texas for first-time offenders, but you may be held for the time it takes you to become sober and considered no longer a danger to yourself or others.
5. 5. Can my employer see that I got a public intoxication charge?
    Your employer or potential employers could come across a public intoxication charge during a background check unless it’s been dismissed, sealed, or expunged.

How Can I Fight a Public Intoxication Charge in Texas?

Every public intoxication case is unique, but there are many ways your lawyer could defend you against this charge. Here are some factors they might argue in your favor depending on the circumstances of your arrest:

You Weren’t Publicly Intoxicated

The prosecutor needs to present evidence that you were publicly intoxicated beyond reasonable doubt, such as breathalyzer results or physical signs that were noted by the police. Your lawyer should press the court to be sure that there is sufficient evidence to convict you. Your lawyer might also argue that subjective evidence doesn’t prove intoxication. For example, if you have a medical condition or disability that could make it appear as though you’re intoxicated. Or, if you were arrested in a chaotic environment, you might argue that the charge was a case of mistaken identity and the police incorrectly thought you were someone else in the crowd.

You Weren’t in a Public Place

A “public place” is defined broadly by the law, and includes streets, recreational areas, public transportation, and most places of business in Texas. However, if you were on private property when you were arrested, such as a friend’s backyard, it might not meet the legal definition of a public place.

You Weren’t Dangerous

Law officers use discretion in charging people with public intoxication, but judges can also use discretion in deciding whether you were actually a danger to yourself or others that night. If you feel there is evidence that suggests the contrary, this can be a good approach.

You Weren’t Responsible for Your Actions

If you were coerced or tricked into ingesting a substance, you could argue that you were not responsible for your actions that night. You might also argue that law officers or someone else at the scene were baiting you or forcing you to act in a way that led to the charge.

You Weren’t Treated Correctly by Police

You can argue that law officers entrapped you, or violated your constitutional rights when you were arrested. If they did not have probable cause to stop you, searched you without proper due process, or failed to read you your Miranda rights, you could get the charge thrown out.

Evidence That Can Help

Fighting a public intoxication charge often comes down to your word versus the word of police officers, so it’s important to gather evidence. There are many cameras in public spaces in today’s world, and police body cams, phones, and security cameras probably capture a lot of your night. Witnesses who saw your arrest and your behavior leading up to it can also help back your story and say they did not see you as a danger.

Penalties for Public Intoxication in Texas

In Texas, public intoxication is a Class C misdemeanor. First-time offenders do not face jail time, but will likely have to pay a fee of up to $500. You can also be put on probation for a Class C misdemeanor, which might last a few months or up to a year. If you successfully complete probation without getting into any more trouble, you might be able to get your charge dismissed. Probation can involve many types of court-ordered conditions, like completing community service hours or substance education classes.

If you are under 21 and drinking underage when you are charged, you face higher consequences for a public intoxication misdemeanor. Depending on your case, your driver’s license might be suspended and you might have to go to alcohol education classes and complete community service hours. If you are charged multiple times under the age of 21, your license can be suspended for longer and you could get slapped with higher fees.

Other Potential Consequences

A Class C misdemeanor is a relatively minor criminal consequence in the legal system, but that doesn’t mean it won’t meaningfully impact your life.

You Will Have a Criminal Record

A Class C misdemeanor appears on your criminal record if you are convicted. It will appear in background checks from potential employers, licensing boards, and law enforcement.

You’re at Risk for Higher Penalties if You Get in Trouble Again

One Class C misdemeanor usually only results in a fine, but if these minor convictions pile up, fees will increase and so will the consequences. You might have stricter requirements for probation or be upgraded to higher misdemeanor charges because your pattern of behavior shows a lack of remorse or progress.

Having even just one Class C misdemeanor puts you at more legal risk if you run afoul of the law again. Having one on your record makes you less eligible for plea bargains or reduced charges in other situations.

You Could Lose Your Driver’s License

A minor charged with public intoxication, even for the first time, is likely to have their driver’s license suspended automatically. Class C misdemeanors that involve alcohol often carry consequences for driving privileges, and racking up multiple offenses could lose your license.

You’ll Have to Pay a Lot of Money

Class C misdemeanors almost always carry a fine as punishment in lieu of jail time, but that fine might be the least of your concerns when you consider legal fees and court costs. If you have difficulty paying fees and court costs, you could be arrested again.

Just Because You Were Accused of Public Intoxication Doesn’t Mean You’re Guilty

Facing court for a charge of public intoxication can be embarrassing, frustrating, and maybe even confusing. That’s why at the Law Office of Richard Baker, we work hard to win outcomes on behalf of our clients. By doing our best to help you resolve your case without a criminal record, we hope to give you the confidence and dignity you need to keep moving forward.

You Are Not Powerless

Going to court sounds intimidating, but when you are prepared and armed with solid legal representation, you have as much power in that courtroom as the prosecution. As a Texas citizen, you are innocent until proven guilty. The defense attorneys at The Law Office of Ken Gibson will make sure the prosecution meets that standard before they hand out any convictions. We know how to tell your side of the story in a way the judge can understand.

Getting Your Public Intoxication Charges Dismissed, Acquitted, or Reduced

The defense attorneys at The Law Office of Ken Gibson bring serious investigative power to the table. Think of us as your P.I. team – we’ll leave no stone unturned. We’ll comb through surveillance footage from every possible angle, interview witnesses to piece together the full story, and ensure any inconsistencies are brought to light. Our team knows that these cases often have more to them than what’s in the police report, and we’re committed to finding the details that make the difference.

Schedule a Free, No-Obligation Consultation

You have options when it comes to challenging a public intoxication charge and getting back on track. Connect with The Law Office of Ken Gibson for a free consultation, where we’ll evaluate your case and explore potential paths forward. Start by entering your contact information below, and let us help you work toward a resolution.