If you have been charged with Public Intoxication in Houston, Texas, contact attorney Mark Thiessen at 713.864.9000 or request a free case evaluation. We serve Houston and the surrounding areas and are available 24/7 to fight for you.
A night out can turn into a night in jail in seconds — sometimes, all it takes is a little too much merriment while walking from bar to bar on a Saturday night. One moment, you’re getting a piggyback ride down Main Street, and the next, you’re calling a Houston public intoxication lawyer from a downtown holding cell.
If you or a loved one has found yourself facing public intoxication charges in Houston, it’s not too late to fight them. A charge is not a conviction, and what may seem like a petty misdemeanor charge could be the beginning of an unnecessary criminal record. Call Thiessen Law Firm (713) 864-9000 for the defense you need.
What is public intoxication in Texas?
Public intoxication in Texas is defined under Texas Penal Code § 49.02. The statutory language states that a person commits a public intoxication offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person.
There are a few key elements at play here:
- Public place: This includes streets, sidewalks, parks, schools, hospitals, and even some places that may not traditionally be considered public, such as the common areas of apartment buildings.
- Intoxication: Intoxication is defined just as it is for DWI, as not having the normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, or a combination of these substances.
- Danger: You must pose a danger to yourself or others. This is the most subjective of the three elements and is therefore key for those wondering how to fight a public intoxication charge in Texas.
In summary, remember that it is not enough to simply be drunk in public. You must be drunk in public and actively putting yourself or others in danger in order to be charged with public intoxication in Texas.
In which states is public intoxication a crime?
Public intoxication laws are very different from state to state — in fact, in some states, public intoxication isn’t a crime at all.
- In Louisiana, consuming alcohol and being intoxicated in public is not a crime, you can, however, be charged with disturbing the peace if you cause too much trouble.
- In New York, public intoxication was decriminalized in 1974. If a police officer stumbles upon someone who is impaired or incapacitated, they can only take them home or to a chemical-dependence treatment facility.
- In Illinois, public intoxication is considered a social or a medical issue, rather than a criminal one.
In Texas, however, public intoxication is a crime, punishable by both steep fines and jail time.
How much is a public intoxication ticket in Texas?
Wondering how much a public intoxication charge will cost you? Although the cost of a criminal charge is often much higher than just the fines and monetary penalties, if you are convicted you will have to pay a few fees.
How much is a public intoxication ticket in Texas? The standard criminal fine for Class C misdemeanors in Texas is $500, although the amount can be much higher depending on the circumstances of your case.
Punishments for a public intoxication charge in Texas
Public intoxication in Texas jail time will depend on your case and your criminal record.
Because charges for first-time public intoxication are often Class C misdemeanors, they do not often come with any jail time attached — but, if you have previous criminal convictions on your record involving alcohol, the charge may be elevated to a Class B misdemeanor, a conviction for which would include possible jail time. Here’s the breakdown.
| Charge | Maximum Fine | Jail Time |
| Class C misdemeanor | $500 | n/a |
| Class B misdemeanor | $2,000 | 180 days |
As is the case with most criminal charges, the true cost of a conviction often lies in the many reverberations throughout a person’s life, including changes in employment and housing opportunities, lost wages, and irreparable damage to professional and personal lives.
Continue reading: Does public intoxication show on a background check?
What happens if a minor gets a public intoxication charge in Texas?
According to the statutory language, getting charged with public intoxication under 21 is just like getting charged as an adult. A person under 21 years old is punishable in the same manner under the same Texas statute, which means that you can expect to face the same penalties whether you’re a minor or of-age.
In fact, being charged with minor public intoxication in Texas may even mean facing additional penalties, such as mandatory alcohol awareness classes, community service, and automatic suspension of driver’s licenses.
How long do you stay in jail for public intoxication in Texas?
How long do they hold you for public intoxication? Although public intoxication charges probably won’t result in you doing serious time, there are situations that might see you held for quite a while in the drunk tank:
- Extended initial detention: If you’re really intoxicated, they may leave you in the drunk tank for a while. If you’re still in there after 24 hours, it probably means you were doing more than just drinking.
- Failure to pay court fines: You may face jail time if you fail to pay your court fees and resolve your initial case.
- Repeat offenses: If this isn’t your first public intoxication charge and you’re facing a Class B misdemeanor, you may be looking at up to 180 days in jail.
If you’re wondering about how long they can hold you before releasing you after your arrest, the longest they can hold you is 72 hours. If for any reason you sit around for longer waiting to be arraigned, make sure you’ve got a good lawyer on speed dial.
How to get a public intoxication charge dismissed
Can public intoxication be dismissed in Texas? Hell yeah, it can. While getting a charge for public intoxication in Texas dismissed is tough, it’s definitely not impossible if you’ve got the right attorney. Some strategies that your attorney might employ include:
- Arguing a lack of evidence. If they cannot prove beyond a reasonable doubt that you were intoxicated to the point of endangering yourself or others, they cannot convict you for public intoxication.
- Exposing unlawful arrest or a violation of rights. If the arresting officer did not follow proper procedures or violated your rights, your attorney could file a motion to dismiss the charges.
- Inviting compelling witness testimony. Testimony from witnesses who can attest to your sobriety or behavior at the time of the arrest may help in dismissing the charge.
- Access to diversion programs. For first-time offenders, some jurisdictions offer diversion programs that, upon successful completion, result in the dismissal of charges.
No matter how your attorney chooses to fight your public intoxication charge, the one sure thing is that you won’t get very far in your fight without one.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to get your public intoxication case dismissed.
Call Thiessen Law Firm today at 713.864.9000 or contact us online for a free consultation.
