Last Updated on June 4, 2025 by Beltz Law Group

Understanding Public Intoxication in Texas: Penal Code § 49.02 and How Beltz Law Group Can Help

Public Intoxication Lawyer

Public Intoxication (PI) might seem like a minor offense, but a conviction under Texas Penal Code Section 49.02 can still lead to a criminal record and potential consequences. Understanding the specifics of this law and how it’s applied is crucial if you find yourself facing such charges. At Beltz Law Group, we possess the experience and dedication to provide a robust defense against public intoxication accusations in Texas.

Texas Penal Code § 49.02: Public Intoxication Defined

Texas Penal Code Section 49.02 outlines the offense of public intoxication as follows:

(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.

Breaking down this definition reveals several key elements that the prosecution must prove beyond a reasonable doubt for a conviction:

• Appears in a Public Place: This element is broadly interpreted. A “public place” includes any place to which the public or a substantial group of the public has access, including streets, sidewalks, parks, businesses open to the public, apartment complex common areas, and even the exterior of a vehicle parked in a public area.

While Intoxicated: “Intoxicated” is defined in Texas Penal Code Section 49.01(2) as:

• Having an alcohol concentration of 0.08 or more; or
• Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. It’s important to note that the second part of this definition means you can be considered intoxicated even if your BAC is below 0.08 if your mental or physical faculties are demonstrably impaired.
• To the Degree That the Person May Endanger the Person or Another: This is a crucial element. The mere fact of being intoxicated in public is not enough for a conviction. The prosecution must prove that your intoxication created a risk of harm, either to yourself or to others. This could involve actions like:
  • Stumbling or falling.
  • Becoming aggressive or combative.
  • Being unable to care for yourself.
  • Impeding pedestrian or vehicular traffic.
  • Engaging in erratic or unpredictable behavior.

How the Law is Applied in Texas

Public Intoxication Attorney

Law enforcement officers often make arrests for public intoxication based on their observations of an individual’s behavior and physical state in a public place. Field sobriety tests (though not always formally administered in PI cases) and general demeanor are often used to assess intoxication. The “may endanger” element is typically determined based on the officer’s assessment of the potential for harm given the individual’s level of intoxication and their surroundings.

It’s important to understand that:

• No BAC Requirement for the “Loss of Faculties” Definition: As mentioned earlier, you can be charged with PI even without a specific BAC if the officer believes your alcohol or drug consumption has significantly impaired your normal mental or physical abilities to the point of potential danger.
• Focus on Potential Danger: The law focuses on the potential for endangerment, not necessarily actual harm caused. If your intoxicated state in a public place created a reasonable risk of danger to yourself or others, you can be charged.
• “Custodial Arrest” is Common: Unlike some minor offenses where a citation might be issued, public intoxication often leads to a custodial arrest. Individuals are typically taken to a local jail or a sobering center to “sleep it off.”
• Class C Misdemeanor: Public intoxication is generally a Class C misdemeanor, punishable by a fine of up to $500. However, a conviction still results in a criminal record.

What If You Pled “Guilty” To Public Intoxication In Jail?

You can reverse the conviction if you pled guilty in jail to avoid the conviction, but you only have 10 days from the arrest date.  This means you must act quickly.  A Motion For New Trial must be filed immediately to reverse the conviction.  If you were arrested for public intoxication in Texas and pled guilty in jail, call our office immediately to avoid having the arrest record and conviction become a permanent mark on your record.

Protecting Your Record From A Public Intoxication Conviction

Criminal Defense Attorney

It is important to understand that even if the burden of proof can be established by a prosecutor for the crime of public intoxication, that does not necessarily mean that it must be reported as a conviction on your criminal record.  There may be other options available that will allow the case to be dismissed upon successful completion of certain conditions set by the court.  We highly suggest that if you were arrested or cited for public intoxication, you contact a lawyer immediately to go over those options.  You don’t want an offense like this impacting your employment or other areas of your life.  Our legal professionals would be glad to discuss your particular facts with you.  Call 214-321-4105 to discuss your public intoxication charge with us today.