How Serious is a Public Intoxication Charge?

Going out with your friends one evening, you may have experienced having one to many drinks. Once inebriated, you may not realize that your behavior is inappropriate, which could cause you to receive a hefty fine and land you in jail.  If you’ve been charged with public intoxication, it’s important to talk to an Austin criminal defense lawyer like Attorney David D. White. He has extensive experience helping clients in Texas fight public intoxication charges with effective defense strategies.

Public Intoxication in Texas: Laws & Penalties

Public intoxication is a Class C misdemeanor under Texas Penal Code 49.02, occurring when someone is intoxicated in a public place and poses a danger to themselves or others. This applies to streets, businesses, schools, hospitals, and other public areas.

Penalties

• First Offense (Class C Misdemeanor): Fine up to $500, possible probation.
• Multiple Offenses (Class B Misdemeanor): Fine up to $2,000, and/or up to 180 days in jail.
• Underage Offenders (Under 21): Fine up to $500, community service, alcohol awareness classes, and license suspension (up to 30 days).

Key Legal Considerations

• Definition of Intoxication: Loss of normal physical or mental faculties or BAC of 0.08%+.
• Arrest & Release: Officers may release offenders to a treatment facility instead of jail.
• Not a Lesser Charge for DWI: Public intoxication cannot replace a DWI charge.

Additional Consequences

• Criminal Record: Affects background checks.
• Employment & Housing: May impact job prospects and rental applications.
• Social & Professional Effects: Can harm reputation and career opportunities.

Factors Affecting Penalties

• Prior offenses
• Cooperation with law enforcement
• Severity of disruption caused
• Possible defenses, such as improper arrest

Common Signs of Intoxication

• Slurred speech, alcohol odor, bloodshot eyes
• Poor balance, confusion, argumentative behavior

Even as a misdemeanor, public intoxication can have long-term legal and personal consequences.

When is Someone Considered Intoxicated?

A person is considered intoxicated if the individual:

• Does not have the same mental or physical capacity due to the use of alcohol, drugs, or any other controlled substances or combination of two or more substances; and
• Has a blood-alcohol content (BAC) of 0.08 or higher

To be charged with public intoxication, a police officer has to testify that a person was exhibiting drunken behavior. This could include slurred speech, stumbling while walking, or being offensive to others, but it is based on subjectivity.

 

When is Someone Charged with Public Intoxication?

According to the Texas Penal Code §49.02, a person is guilty of public intoxication (PI) if they appear in public inebriated to the level that they pose a threat to themselves or others.

There is no offense if you are stumbling around inebriated but not endangering yourself or others. The situation can quickly change, especially if you start breaking the law due to your drunken state.

A person can be arrested for PI in any public place, which includes any space that is available to the general public. The owner of a bar or club that is licensed to sell alcohol can call the police if they feel that a patron is behaving inappropriately, even if the claim is ill-founded. 

As a possible defense to public intoxication, you may testify that the alcohol you consumed was given to you by a licensed medical professional as part of a therapeutic treatment program.

 

What is the Punishment for a Public Intoxication Charge?

Public intoxication is considered a Class C misdemeanor, carrying with it a $500 fine. Besides being fined, a PI charge will also be a part of a person’s permanent criminal record.

Two offenses upgrade a PI charge from a Class C misdemeanor to a Class B misdemeanor. A more serious offense, an individual charged with a Class B misdemeanor may face up to 180 days in jail and a fine of $2,000.

 

What is the Difference between Public Intoxication and Driving While Intoxicated?

While public intoxication is considered a minor offense, being considered the lowest category for criminal offenses, driving while intoxicated (DWI) is a more serious crime. 

Upon being arrested for a DWI, a police officer may request that the intoxicated individual submit a blood or urine sample. The officer may also ask that you take a breathalyzer test to determine if your blood-alcohol level is above the legal limit. 

If you are convicted of a DWI, and it is your first offense, you will be charged with a Class B misdemeanor. The punishment becomes more severe with each offense, with both third and fourth offenses resulting in felony charges. If you are convicted of a DWI felony, you could potentially be facing ten years in jail. 

 

Can a Public Intoxication Charge be Expunged from My Record?

Since being arrested for PI does not bode well for your future, it is best to try to get the charge erased from your record.

Unfortunately, if you are convicted of public intoxication, you will not be able to expunge it from your criminal record. On the other hand, if the prosecutor dismisses the charge, then you may be able to have it removed from your record. You do have to wait 180 days from the citation in order to be eligible for the expunction. 

 

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

Contact an Austin Criminal Defense Attorney

A public intoxication charge can hinder your ability to get the job you deserve or to renew your professional licensing. Often a PI charge is based on a police officer’s opinion and holds no merit. Don’t let a PI charge hold you back. Contact the Law Office of David D. White, PLLC, today. 

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