Criminal Defense Intoxication Cases
Public Intoxication
Public Intoxication (PI) is charged under Texas Penal Code § 49.02 when a person appears in a public place while intoxicated to the degree that they may endanger themselves or another person. While it is classified as a Class C misdemeanor, the lowest level of criminal offense in Texas, a conviction still results in a permanent criminal record that can affect employment, housing, and professional licensing. Todd Rash defends clients charged with public intoxication throughout North and Central Texas.
What Constitutes Public Intoxication in Texas
To be convicted of public intoxication in Texas, the prosecution must prove that you were in a public place, that you were intoxicated, and that your level of intoxication posed a danger to yourself or others. Simply being drunk in public is not enough. There must be evidence of danger. Officers often make PI arrests at bars, concerts, sporting events, and other public gatherings.
Penalties for Public Intoxication
Public intoxication is a Class C misdemeanor in Texas, punishable by a fine of up to $500. There is no jail time for a first offense. However, if you are under 21, the penalties are more severe and can include mandatory alcohol awareness classes, community service, and license suspension. Multiple PI convictions can also be used to enhance future charges.
Public Intoxication and Minors
For individuals under 21, a public intoxication charge carries additional consequences under the Texas Alcoholic Beverage Code, including a Class C misdemeanor, a fine up to $500, mandatory alcohol awareness course, 8–12 hours of community service, and a 30-day driver's license suspension for a first offense.
Long-Term Consequences
Even though a PI charge is a Class C misdemeanor, it appears on your criminal record and can be seen by employers, landlords, and licensing boards. For professionals in healthcare, law, education, or finance, even a minor conviction can jeopardize a career. Seeking legal representation to have the charge dismissed or expunged is strongly advisable.
Potential Penalties
- › Class C misdemeanor fine up to $500
- › No jail time for adults on first offense
- › Minors: alcohol awareness course, community service, license suspension
- › Permanent criminal record if convicted
Possible Defenses
- › You were not in a public place
- › You did not pose a danger to yourself or others
- › Lack of probable cause for the arrest
- › Improper officer observations or procedure
- › Medical condition mimicking intoxication
Frequently Asked Questions
Facing Public Intoxication charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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