Things To Know About Public Intoxication Charges

Public intoxication charges in the state of Texas can catch people by surprise, especially those who might not fully understand what constitutes this offense. Whether you’re out for a night on the town or just enjoying a casual drink, it’s important to be aware of how public intoxication is defined, the circumstances under which charges may be brought, and the potential consequences. Also, know that a Houston criminal lawyer can assist if you find yourself facing these charges.
What Is Public Intoxication?
In Texas, public intoxication is defined under Section 49.02 of the Texas Penal Code. A person commits this offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. This means that you don’t necessarily have to be causing a disturbance, simply being in a public area while intoxicated, if it poses a risk, can result in charges.
Public places are broadly defined and include streets, parks, sidewalks, and even private establishments open to the public, such as bars or restaurants. If law enforcement believes that your level of intoxication is putting your safety or the safety of others at risk, they have the authority to arrest you for public intoxication. Common scenarios include:
- Street festivals and public events. Large gatherings often have a higher police presence, and officers are vigilant about public intoxication due to the potential for accidents or altercations.
- Bar districts. Areas known for nightlife are hot spots for public intoxication charges, particularly late at night when patrons are leaving bars.
- Sporting events. The excitement of a game, combined with alcohol consumption, can lead to situations where fans may find themselves charged with public intoxication.
Generally classified as a Class C misdemeanor, the same category as a traffic ticket, there are the penalties for public intoxication.
For example, if you are charged and convicted of public intoxication, you may be subjected to a fine of up to $500. Additionally, even though it’s a misdemeanor, a public intoxication charge can go on your criminal record, potentially impacting future employment opportunities and other areas of your life. Things can become more complicated in repeat offenses or aggravating circumstances and when a case involves a minor or property damage more severe penalties are possible.
Should I Talk to a Lawyer?
If you’ve been charged with public intoxication, you need to understand your rights and options. A Houston criminal lawyer can review the circumstances of your arrest to determine if the charges are justified.
Also, an attorney may be able to negotiate with prosecutors to reduce the charges or penalties, such as seeking a dismissal in exchange for completing an alcohol education program. Depending on the outcome, your lawyer may be able to help you expunge the charge from your record as well, removing it from public view and helping you avoid long-term consequences.
Could you use advice because you are currently in legal hot water due to public intoxication? Discuss your situation with the criminal attorneys at Ayson Law Firm. Contact us today for a confidential consultation.