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Texas Public Intoxication Laws: Public Drunkenness Penalties

Getting drunk in public places happens more than you’d think in Texas. We all make mistakes, and laws against public intoxication are meant to keep people safe. This article will explain the laws, penalties, and defenses in a helpful way.

What is Public Intoxication in Texas?

You can be charged with public intoxication (PI) in Texas if police see you drunk in a public place, and you could hurt yourself or others.

To be charged, you have to:

  • Be in a public place
  • Be very drunk from alcohol or drugs
  • Look dangerous to yourself or people around you

Just being a little drunk isn’t illegal. You won’t get in trouble for having a few beers with dinner or walking home buzzed after last call.

But if you’re stumbling around and look like you’ll wander into traffic, that’s when police can charge you with PI. Acting aggressive, shouting curses, or threatening people can also lead to a PI charge, even if you aren’t that drunk.

Bars, sidewalks, parks, restaurants, schools, hospitals, apartment buildings, and roads are all considered public places under the law[1].

Penalties for Public Intoxication

PI is a Class C misdemeanor in Texas[2]. For people over 21, that means:

  • Up to $500 fine
  • No jail time

For people under 21, penalties can include[3]:

  • Up to $500 fine
  • 8-12 hours community service
  • Alcohol awareness class
  • 30 day driver’s license suspension

Is Public Intoxication a Permanent Criminal Record?

Yes, a PI conviction stays on your record permanently in Texas[4].

That can make it harder to get jobs, loans, housing, and school admissions later. Some employers won’t hire people with any criminal record.

So even though PI seems like a minor charge, the long-term consequences are serious.

When Do Bars Count as “Public Places” for Public Intoxication?

Here’s a confusing part of the law: Bars and restaurants count as public places, even though they sell alcohol[5].

So you can be charged with PI for acting dangerously drunk inside a bar. For example, if you’re falling over and spilling drinks on people, or trying to start fights[6].

Bouncers often won’t call police if they can get you a ride home safely. But they can if you’re endangering others and won’t leave voluntarily.

Is it Illegal to Drink Alcohol in Public in Texas?

There’s no statewide open container law in Texas. But many cities ban open containers of alcohol in public.

These local open container laws usually only apply in central downtown areas. They don’t ban public drinking everywhere in the city.

So having an open beer on the sidewalk could be illegal in some entertainment districts. But it’s probably fine while tailgating at a football game.

Check your local laws before drinking in public. And never drink in your vehicle – open containers in cars are illegal statewide.

What If Police Arrest You for No Good Reason?

The PI law is very subjective. Police only need to think you’re endangering yourself or others. They don’t have to prove you’re extremely drunk.

This leads to unfair arrests. Police may charge you with PI just for having a bad attitude or using curse words around them.

If this happens, don’t admit guilt. Fight the charge in court with a lawyer’s help. A good lawyer can get bogus PI charges dismissed.

When is Public Intoxication a Felony in Texas?

PI is usually a misdemeanor, but it can become a felony if:

  • You already have 2+ PI convictions
  • You’re charged with PI at the same time as another crime, like disorderly conduct
  • You’re under a court order not to drink, like probation or parole

In those cases, PI can be charged as a 3rd degree felony, punishable by 2-10 years in prison.

Public Intoxication Defenses That Can Beat the Charge

A skilled criminal defense lawyer can often beat a PI charge using these defenses:

  • You weren’t in a public place – For example, you were intoxicated in your own backyard. Private property doesn’t count as a public place.
  • You weren’t intoxicated – Police can’t prove your mental or physical faculties were impaired as defined by law. For example, they didn’t breathalyze you.
  • You weren’t endangering anyone – You were walking fine and not bothering people. Police wrongfully arrested you based on attitude alone.
  • Police lacked reasonable suspicion – Officers violated your rights by detaining you without sufficient legal justification. All evidence against you can be thrown out of court.
  • Medical conditions – Your slurred speech or disorientation was caused by a medical issue, not intoxication.

Finding the Right Lawyer for Your Public Intoxication Charge

Don’t try to navigate a PI charge alone. Texas drunk in public laws are complex.

Police and prosecutors know the system – you need an experienced lawyer on your side.

A knowledgeable attorney can get charges reduced or dismissed, keeping your record clean.

Google “[your city] public intoxication lawyer” to find attorneys near you. Pick a lawyer with proven success beating these charges.

Schedule a free consultation to discuss your defense. Rates are usually affordable, especially compared to the costs of a conviction.

Conclusion: Don’t Panic – Fight Your Public Intoxication Charge

Getting charged with public intoxication feels scary. But with a good lawyer’s help, you can move on with a clean record.

Don’t plead guilty without talking to a lawyer first. A PI conviction can hurt you for years to come.

Take a deep breath and focus on finding the right legal representation. With hard work and dedication, it’s possible to beat a Texas drunk in public charge.

References

[1] https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

[2] https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/public-intoxication-texas.htm

[3] https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/public-intoxication-texas.htm

[4] https://www.avvo.com/legal-guides/ugc/how-long-does-a-public-intoxication-stay-on-your-record

[5] https://www.tmcec.com/blog/can-you-get-a-pi-in-a-bar-in-texas/

[6] https://www.avvo.com/legal-guides/ugc/can-you-get-arrested-for-public-intoxication-in-a-bar

https://www.tmcec.com/blog/can-you-get-a-pi-in-a-bar-in-texas/

https://www.tabc.state.tx.us/laws/open_container.asp

https://www.tabc.state.tx.us/laws/open_container.asp

https://www.tabc.state.tx.us/laws/open_container.asp

https://www.tabc.state.tx.us/laws/open_container.asp

https://www.avvo.com/legal-guides/ugc/can-you-get-arrested-for-public-intoxication-in-a-bar

https://www.avvo.com/legal-guides/ugc/can-you-get-arrested-for-public-intoxication-in-a-bar

https://www.avvo.com/legal-guides/ugc/can-you-get-arrested-for-public-intoxication-in-a-bar

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

What is Public Intoxication in Texas?

How Serious Is a Public Intoxication Charge in Texas?

How Serious Is a Public Intoxication Charge in Texas?

How Serious Is a Public Intoxication Charge in Texas?

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