You might be surprised how easy it is for a night out with friends to end with you in the drunk tank. While most people think getting arrested for public intoxication (PI) involves disturbing the peace, causing property damage, or some other severe behavior, the reality is that getting arrested for public intoxication in Texas can happen even when you’re minding your own business.
Say you took a quick nap at the bar or bumped into someone else on the street and ended up getting arrested for public intoxication. Should you be worried? Or is getting arrested for PI in Texas a minor offense?
In our opinion, a criminal charge is always worth fighting. Keep reading to learn everything you need to know about public intoxication in Texas or call the public intoxication attorneys at Thiessen Law Firm today at (713) 864-9000 for dedicated defense.
Is it against the law to drink in public in Texas?
Contrary to popular belief, it is not inherently illegal to drink in public in Texas. There are places where drinking is prohibited, including streets and parks, but you can actually drink in plenty of public places in the Lone Star State.
This does not, however, give you carte blanche to tie one on wherever you please or to hang out drunk wherever you want. You can get a ticket for public intoxication in any public place in Texas, as long as you meet a few criteria.
What is considered public intoxication in Texas?
According to Texas Penal Code § 49.02, you can be charged with public intoxication if you are:
- In a public place
- Under the influence of drugs or alcohol
- Considered a potential danger to yourself or others
You do not have to be drinking at the time of the arrest, and you don’t even have to be acting boisterously. If a police officer decides that falling asleep on a bench poses a danger to your life, they could bring you in for public intoxication.
Continue reading about the open container law in Texas
How serious is a public intoxication charge in Texas?
So, how serious is the punishment for public intoxication in Texas? Should you be worried about being arrested if you’re drunk in public?
Public intoxication charges are generally Class C misdemeanors in Texas. If you have no record and are not found to be guilty of any other crimes, you’re mostly looking at a fine and a lot of paperwork — plus the creation of a criminal record, which is often really what’s at stake in public intoxication charges.
How long do you stay in jail for public intoxication in Texas?
For a first-time offense, you will generally only be held until you’ve sobered up — which could be an hour or twelve hours, depending on how quickly retrograde extrapolation takes place — but repeated offenders or those also charged with other crimes may be looking at more than just a night in the drunk tank.
How much is a public intoxication ticket in Texas?
Class C misdemeanors in Texas are generally $500 criminal fines, which do not include court fees and the associated fees of trying to get a PI charge off your record. Fines for aggravated public intoxication charges will be much higher. Here is a breakdown of the fines you can expect depending on the type of charge you’re facing:
| Charge | Maximum Fine | Jail time |
| Class C misdemeanor | $500 | N/A |
| Class B misdemeanor | $2,000 | Up to 180 days |
| Class A misdemeanor | $4,000 | Up to 1 year |
| State jail felony | $10,000 | 180 days – 2 years |
The most significant punishment for many people charged with public intoxication, however, is the creation of a criminal record. Having a record can cause all kinds of problems for your education, career, and personal life, which underscores the importance of hiring a good public intoxication lawyer to protect your future.
Continue reading about what shows up on a background check in Texas
Public intoxication in Texas under 21: is it worse?
While you may think being charged as a minor will always mean more leniency, being charged with public intoxication as a minor (under 21) in Texas can lead to more severe consequences than it would for an adult.
In an attempt to discourage underage drinking, as well as minimize future offenses, minors may face mandatory alcohol education classes, community service, and driver’s license suspensions on top of fines and the creation of a criminal record. In some cases, they may also be required to attend a substance abuse assessment or treatment program.
Public intoxication and resisting arrest
The last thing to say about public intoxication charge punishments in Texas is that charges for being drunk in public very often compound with other charges. Drug possession, assault cases from bar fights, and resisting arrest charges are some of the most common. More often than not, your public intoxication charge is the least of your worries after a night out on the town.
A good criminal lawyer can protect you from criminal charges, whether you need one for a DWI charge, a first-time assault charge in Texas, or both.
Continue reading: How to get a resisting arrest charge dropped
Can you expunge public intoxication in Texas?
It’s natural to ask yourself the question after getting any criminal charge. “Am I going to be able to get this off my record?”
For public intoxication charges, the answer is often yes, but it isn’t easy. If you’re wondering if your public intoxication charge is eligible for expungement in Texas, one of the following must be true:
- You were acquitted of the crime.
- You were arrested and never charged, and the statute of limitations has passed.
- You were charged, but your case was dropped or dismissed.
- You appealed a conviction successfully.
- The prosecution recommended an expunction.
How to fight a public intoxication charge in Texas
If you’ve been charged with public intoxication in Texas, dismissal or acquittal is the most likely path to getting the charge off your record and moving on with your life. To secure yourself a dismissal or acquittal, you want to hire an attorney who knows how to fight a public intoxication charge and win.
Some of the ways in which your criminal attorney in Houston will defend your public intoxication charge include:
- Arguing that you were not a danger to yourself or others. Because this is such a subjective element to PI charges, your attorney will likely formulate a plan that centers around arguing that although you were intoxicated and in public, it was not to the degree that is considered criminal.
- Exposing procedural errors in the police work. Police have to follow very specific guidelines to make sure their arrests are legal and not infringing upon your rights, and cops aren’t always the best at doing things by the book.
- Negotiating for reductions, expungement, or deferred adjudication. Especially if this is a first-time offense, your attorney may be able to work out a way to keep your record clean and your future bright.
Charged with public intoxication in Texas? Thiessen Law Firm can help.
A conviction for public intoxication in Texas can amount to a lot more than a slap on the wrist and a night in the drunk tank; it can have lasting implications on your professional and personal life and can land you with a permanent criminal record.
So, public intoxication charges are serious offenses in Texas — which is why you need a serious public intoxication lawyer. A good criminal lawyer can fight for your rights, protect your future, and make sure one night of bad decisions doesn’t turn into a lifelong hangover.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online for aggressive defense.
More Helpful Articles by Thiessen Law Firm:
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- The Complete Guide To Buying Alcohol in Texas
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