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What is Considered Public Intoxication in Texas?
According to Texas Penal Code section 49.02, intoxication involves not having your regular mental or physical faculties due to having consumed alcohol, drugs, controlled substances, or a combination of these substances. Alternatively, a blood alcohol content level of 0.08 also qualifies as intoxication.
Texas law defines public intoxication as an individual committing an offense of appearing in a public place while intoxicated to the degree that they may endanger themselves or other people. Essentially, if you were intoxicated in a public place and put your safety or someone else’s safety at risk, you could face charges for public intoxication under the law.
The law defines bars as public places. So, it is entirely possible to be arrested for public intoxication in a bar that serves alcohol, just as you could be charged in any other public place.
Who Gets to Determine Whether You Are a Danger to Yourself or Others?
The arresting officer is usually the authority who makes the judgment as to whether an intoxicated individual represents a threat to themselves or others. In many instances where a person does not pose a danger to other people, the police may still arrest them under the assumption that they could pose a threat to themselves if they were not charged, as they could have been the victim of a crime.
Ultimately, it is a judgment call. Suppose you believe that you have been unfairly judged to be publicly intoxicated and a danger to yourself or others; you have the right to defend yourself with the help of criminal defense lawyers at a jury trial. It would then be up to the jury to decide whether the prosecution proved beyond a reasonable doubt that you were, in fact, a danger to yourself or another person.
What is a ‘Public Place’ According to the Law?
The law defines public places as any place the public or a substantial group can access. The public places include but are not limited to, streets, highways, common areas in schools, hospitals, apartment complexes, office buildings, transport facilities, and retail stores.
Essentially, if the public or a substantial group of the public has ready access to an area, it could be considered a public place for purposes of this law, even if that location is private property. Again, it is possible for a bar or restaurant serving alcohol to be considered a public place under this law.
Is Public Intoxication a Misdemeanor or Felony Crime in Texas?
In Texas, public intoxication is generally considered a Class C misdemeanor, associated with fines of up to $500. This misdemeanor charge applies to all people above the age of 21 and those who are below the drinking age. Please note, however, that underage drinkers may have additional penalties due to the state’s zero-tolerance policies. Those consequences may include community service, a suspended driver’s license, and mandatory attendance in an alcohol awareness class.
Even though public intoxication is a misdemeanor and not a felony, it should still nonetheless be taken very seriously. Records of your arrest and public intoxication case will be part of your permanent criminal record going forward, which can negatively impact future opportunities, including employment, educational pursuits, and more.
What Should You Do if You Are Facing Public Intoxication Charges in College Station?
There is a tendency for some people to accept the charges of public intoxication and an eagerness to move on from their case. After all, the fines are less than $1,000, and there is no mandatory jail time. However, doing so will result in a permanent criminal record. If you’ve been charged with public intoxication, do not plead guilty. Instead, contact a criminal defense attorney with experience representing college students and public intoxication legal matters.
An attorney from our Brazos County law firm can provide invaluable legal assistance to you and your loved ones throughout the legal process of a public intoxication charge. To learn more about the benefits of our legal services, please contact us to schedule your free initial consultation with our legal team today.
What Are the Potential Legal Consequences of Public Intoxication Offenses in TX?
A conviction for public intoxication carries a maximum punishable fine of up to $500. If the offender was under age 21, they may face additional penalties, including those similar to DUI charges.
The Texas Code of Criminal Procedure also allows judges and juries to grant probation for public intoxication defendants and to accept probation as a deferred adjudication plea deal.
Repeat offenders may face additional penalties. For example, second-time offenders can have fines of up to $2,000 and jail time of up to 180 days, as their charges will be elevated to Class B misdemeanors.
Many college students often wonder whether a criminal arrest will impact their standing with their university. While every college has its own policies, most criminal charges do not affect your relationship with the university unless the arrest is for a sex crime or violent crime. If the criminal charges are for sexual assault, for example, the school could suspend or expel the student. It is improbable that you will be suspended or expelled for public intoxication, but you should still respect the risks of various consequences if you are convicted.
Schedule a Free Consultation with Experienced Criminal Defense Lawyers in College Station, TX, Today
Our Texas law firm has extensive experience representing college students accused of crimes in and around College Station. If you are facing public intoxication charges, we would be proud to represent your rights in pursuit of the most optimal outcome to your case, including potentially having all charges dismissed or dropped.
To learn more about the benefits of retaining our legal counsel, please contact our law office to schedule a free, no-obligation case evaluation with our legal staff today.
Call us today at 979-596-6843.
