Public Intoxication In Texas

Public intoxication charges are one of the most difficult charges to defend in Texas.  This is partly because of the way the law has been written and interpreted by the courts across Texas.  The public intoxication laws have a very loose and low burden of proof required to establish the crime.  This article is intended to outline the crime and laws related to public intoxication in Texas.  This article will also touch on other concerns related to public intoxication charges related to the arrest records and how to seal those records if an arrest occurred.  If you would like to discuss your public intoxication charge with our experienced legal team after reading this article, feel free to contact our office at 214-321-4105.

Public Intoxication Law – Where Can I Find It?

The crime of public intoxication is located in the Texas Penal Code Chapter 49.  Specifically, the public intoxication statute is as follows:

• 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.

How Is The Public Intoxication Law Applied To Cases In Texas?

The reason why public intoxication laws are so easily proven against a defendant is due to the language of the statute.  There is very little for the prosecutor to prove for the most part.  However, the elements must still be able to be established beyond a reasonable doubt.  Those elements are as follows:

1. The person must be in a public place
2. The officer has to have a reasonable belief that the person is intoxicated.  The term “intoxicated” has a specific legal meaning.  In Texas,

   “Intoxicated” means:

   (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

   (B) having an alcohol concentration of 0.08 or more.

3. The officer or witnesses must then testify that they had a reasonable belief that the person was a danger to themselves or to another.

These are the only elements that must be proven during a public intoxication trial.  A person does not need to be tested for alcohol.  The officer simply has to have a belief based in reason that the person has been drinking and is intoxicated.  Next, the officer simply has to testify that the person could not drive home or was belligerent and could possibly cause a danger to another person.  If those elements can be established, then a person can be found guilty of the offense of public intoxication.

If any problems exist with any of the elements listed above, then you may be able to successfully defend a public intoxication charge in Texas.  We suggest you call our public intoxication lawyers to discuss your particular facts to determine the chances of success at trial.

Being Arrested For Public Intoxication Can Complicate Things

If you were arrested for public intoxication, then there is an additional problem to consider.  Because of the arrest, there are records of the interactions with the police officers who made the arrest.  Your mug shot, the jail records, and the bond information if you were later released.  Even if a public intoxication is eventually dismissed in the court, these records will remain available to the public unless you successfully expunge them.  You cannot forget this step if you have been arrested for public intoxication.  To learn how to destroy an arrest record related to a public intoxication, click here.

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

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.