Legal Definition of Public Intoxication in Texas
Texas Penal Code § 49.02; Public Intoxication
(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(c) An offense under this section is a class C misdemeanor punishable by a fine not to exceed $500.
It is important to note that a person can be intoxicated in a public place so long as they are not a danger to themselves or others. Whether or not a person may endanger themselves or others is a subjective decision made by the arresting police officer. Police often arrest people for public intoxication just to hassle the individual.
I will say that a person is not a danger just because they are intoxicated in public. The officer will have to provide evidence that the person was in fact endangering themselves others. For example, an intoxicated person walking down the middle of a road is dangerous to himself and drivers of vehicles on that road.
On the other hand, an intoxicated person walking down the sidewalk alongside a busy road is not a danger as long as they are not stumbling into the street.
If arrested for Public Intoxication, do not pay the $500 fine. This arrest and conviction will stay on your permanent record for life. It can have drastic effects on certain job and licensing opportunities. Hire an attorney to get this ridiculous charge disposed of.
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