Being arrested for a public intoxication charge can be a humiliating, confusing, and traumatic experience. Sadly, the police often arrest first, and ask questions later. This sequence of events can end up with a person having an alcohol-related offense on their record for the rest of their life. This conviction could potentially be a blemish that could affect future jobs, school admissions, and even the ability to rent an apartment. The first and best thing an individual can do following a public intoxication arrest is to hire an attorney to evaluate the facts. Prosecutors are generally unwilling to dismiss a Public Intoxication charge without a fight. Therefore, it is important to hire an attorney that is not afraid to aggressively pursue a dismissal, even if it means taking the case to trial.
The relevant section for Public Intoxication is stated below. Public Intoxication is one of two offenses listed that is TOTALLY ambiguous and 100% up to the discretion of the arresting officer (DWI is the other).
Texas Penal Code Section 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.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
If you are in need of a driven, skilled, and knowledgeable public intoxication attorney, please call The Law Offices of Carl David Ceder, PLLC at 214.702.CARL (2275) now.