Public intoxication is not a serious offense in Texas. Still, it is important to defend against it so you avoid a criminal record.
In Texas, it is a criminal offense to be intoxicated in public. The Texas Penal Code defines public intoxication as being in a public area when your normal mental or physical faculties are altered by drugs or alcohol. Being intoxicated in public on its own is not a crime. However, a person may face charges if they are behaving in a way that makes them a danger to themselves or other people. Below, our Texas public intoxication lawyer explains further.
Public Intoxication Can Quickly Become a Crime
Again, if you are in public while intoxicated but you are not posing a danger to anyone, this is not a criminal offense. Still, being intoxicated in public can quickly become a crime. For example, if you start to stumble around, you may trip and fall into traffic on the road. This is a very dangerous situation and so, you could be charged with an offense. Likewise, bumping into people could also constitute a criminal offense if you are intoxicated because this could end up harming them.
What is a Public Space?
The law also defines the term ‘public space’ as any of the following:
- Highways
- Streets
- Hospitals
- Common areas of schools
- Office buildings
- Common areas of apartment buildings
- Transport facilities
- Stores and shops
It is also interesting to note that one could face charges of public intoxication in the same place where they become inebriated. The law also defines any establishment licensed under the Alcoholic Beverage Code as a public area. Due to this, if you become intoxicated at a restaurant or bar and your normal faculties are compromised, you may be charged with public intoxication.
What are the Penalties for Public Intoxication?
Public intoxication is classified as a misdemeanor, so it is considered a minor offense. Individuals who are aged 21 or older will face a fine up to $500 if they are convicted. If they are arrested, they may also have to stay in jail until they are sober and law enforcement no longer believes they are a danger to themselves or other people.
The penalties for individuals under the age of 21 years old are much harsher. They are as follows:
- Suspension of their driver’s license for up to 30 days
- Mandatory attendance and completion of substance use awareness course
- Up to 12 hours of community service
- Possible $500 fine
It is important to fight the charges, even though public intoxication is a fairly minor crime. If you are convicted, you will still have a permanent criminal record that could make it harder to obtain employment, housing, and academic opportunities.
Our Public Intoxication Lawyer in Texas Can Help with Your Charges
At Granger and Mueller, PC, our Texas public intoxication lawyer knows how to defend against these charges so you can retain your freedom and protect your future. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to get more information.