Everyone has at least heard about driving while intoxicated or driving under the influence. You drink alcohol – or, these days, smoke marijuana or take other drugs – you drive your car and get pulled over by the police, you get charged with driving while intoxicated, which is what Texas calls all charges related to driving while using intoxicating substances. But you do not have to be driving to face intoxication charges in Texas, something many people might not know. It is not a serious crime – at least if you are 21 years old or more – but the charge of public intoxication exists and has nothing to do with driving and everything to do with intoxication.
Public Intoxication Will Cost You Some Money
Fortunately for everyone who gets drunk in public, the rules for public intoxication are different than for driving while intoxicated. The legal definition of intoxication remains the same – not having normal use of mental or physical faculties because you are consuming alcohol or drugs – but the requirement to be found guilty of public intoxication is a higher standard than for driving while intoxicated. For driving offenses, the standard is exactly the definition of “intoxication” in the statute – any loss of mental or physical faculties because you have been drinking or taking drugs. That can be a pretty low bar, as any use of alcohol or drugs has at least some impact on your physical and mental ability to function, even if you do not realize it.
The standard for public intoxication isn’t that low. You must be found to be in a public place – and yes, that includes any bar or restaurant where you might drink enough to get intoxicated – so intoxicated that you might endanger another person or yourself. That could include being a belligerent drunk looking for a fight or just someone so intoxicated they cannot stand up on their own and are at risk of falling and injuring themselves. Obviously, whether you meet the standard for public intoxication will depend upon a number of factors, including where you are, what you are doing, and how intoxicated you are. Arresting you and charging you with public intoxication is to at least some extent a judgement call on the part of the officer on the scene, meaning that if you get arrested, the police officer was pretty sure the charge would stick.
Unlike driving while intoxicated in Texas, you will not do any jail time for public intoxication. The charge is a Class C misdemeanor. If you are convicted, you will face up to a $500 fine. The statute does not include an escalation to more serious charges for repeat offenses.
If You are Charged With Public Intoxication in Houston, Contact Madrid Law Firm
If you are charged with public intoxication, you might think that it is easier and cheaper to simply pay the fine – it probably would not be $500 for the first offense – than to hire a lawyer. That might be true, but a court could easily impose the full $500 fine. Also, in these days when prospective employers check social media accounts and run criminal background checks, a public intoxication conviction probably isn’t something you want on your resume. Talk to the Madrid Law Firm to find out what your best options are.
