The law doesn’t consider walking home after a couple drinks to be public intoxication (PI). But if you have “one too many” and strum someone’s last nerve, you might have a bigger issue on your hands. While being intoxicated isn’t a crime, there are rules of order when it comes to behavior in the public eye. The Texas law regarding public intoxication defines the word “intoxication” as having a blood-alcohol concentration of .08 or higher. You can get arrested for public intoxication if you have the minimum blood-alcohol concentration and pose a threat to yourself or others.
The determination of “public place” is, of course, broad. A public place can include many options including a bar or premise with a license from the Alcoholic Beverage Code. When it comes to being a danger to yourself or others, it can be subjective. Generally, if an intoxicated person is sitting on a bench in a park, you wouldn’t consider that person a danger. However, if that person is stumbling into the street, you could easily see how that could escalate quickly and cause harm to multiple parties involved.
So what comes with public intoxication
Being cited for public intoxication means you get a Class C Misdemeanor and a fine of up to $500. This also includes a ride to the police station to enjoy getting mugshots, fingerprinted and sitting in the “drunk tank” until it’s time to see a judge.
When it comes to your case is in the court system, there are many variables that can take place. What police believe to be intoxication, may not be the same as a judge or jury believes. You can avoid a criminal conviction through a number of defenses. A lawyer like Daniel Clancy can argue that you weren’t intoxicated, or that you weren’t in public – even that you weren’t a danger to yourself or society. All of these arguments, if proven and accepted, can be a solution.
The most important thing is this. Having an experienced defense lawyer will help you build the best case for your situation. By hiring a defense lawyer with experience and education, you’re more likely to get a favorable outcome for your case. Contact Daniel Clancy today.