What Constitutes Public Intoxication?

Section 49.02 is Texas’s version of the drunk and disorderly laws that are so prevalent in so many states. Under (a) of this law, “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.” That short sentence includes a lot of information that we’ll unpack below. Section 49.03, a related law, is the open container law, which prohibits possessing an open container of alcohol in the passenger area.

PI (public intoxication) and OCA (open container of alcohol) are both Class C misdemeanors. Therefore, the direct and collateral consequences of these offenses are minimal. But a PI or OCA conviction puts a person on the problem drinker radar, increasing the chances that more serious charges, such as DUI, will follow. Therefore, keeping these convictions off a person’s record is usually the top priority of a Fort Worth criminal defense lawyer.

Nuts and Bolts of Public Intoxication in Texas

Two provisions, appearing in public and danger to yourself or others, are almost ridiculously easy to prove. If Scott steps outside his front door, he appears in a public place, and he is a danger to himself or others (he might stumble and fall).

However, a Fort Worth criminal defense lawyer can challenge two aspects of this law: intoxication and the connection between intoxication and possible harm.

Police officers rarely perform a full battery of FSTs (field sobriety tests) in PI cases and even more rarely administer chemical tests. So, prosecutors must use weak circumstantial evidence, such as the fact that Lisa was in a bar or that she had bloodshot eyes, to establish intoxication. Additionally, prosecutors must prove that Lisa’s intoxicated state made her dangerous, not the fact that she was sleepy, disabled, or clumsy.

Quite frankly, no prosecutor wants to go to trial in a PI case. Additionally, prosecutors usually do not consider the aforementioned indirect long-term effects. So, conditional dismissal (pretrial diversion) is usually available in these matters.

Typically, if defendants follow all program requirements, which vary by jurisdiction, prosecutors will dismiss the case. Program requirements usually include staying out of trouble for two or three months and completing a community service requirement.

Unfortunately, conditional dismissal does not erase the arrest record. So, if Jon gets pulled over for suspicion of DUI, officers will pretty much assume he is guilty when they see the PI arrest on the computer. Expungement, which erases arrest records, may be available in PI cases.

Special Issues

These issues include possession of alcohol in public and PI at a place like an airport, train station, or the inside of an Uber vehicle.

Many North Texas cities, in fact, almost all North Texas cities, ban possession of alcohol in public places. Typically, a restaurant’s outdoor dining area is not considered a public space. The sidewalk immediately in front of the door is usually not a public place either. But to be on the safe side, we always recommend sitting at a table while drinking outside.

These municipal laws usually do not apply to places like airports or Ubers. Some people believe that a PI conviction places them on a no-fly list or prevents them from using ridesharing services.

Normally, the first offense is a warning, although the common carrier (airline or whatever) can remove the person from a flight and place that person on the naughty list. A second infraction usually results in a permanent ban, at least from that form of transportation. However, exceptions apply. So, we always advise travelers to limit in-transit alcohol consumption and mind their manners.

Count on a Savvy Tarrant County Attorney

Public intoxication is a serious matter in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Tarrant County and nearby jurisdictions.