Public Intoxication in Texas

Public intoxication (PI) in Texas is defined in Penal Code 49.02 and occurs when an individual is in a public place while intoxicated to the degree that they may endanger themselves or others. This charge doesn’t rely on a specific blood alcohol concentration (BAC); rather, it depends on the officer’s judgment of the individual’s condition. The law is designed to prevent harm due to intoxication in public settings.

It’s not uncommon for officers to arrest individuals for PI if they are riding in the car of a someone arrested for DWI; if they are leaving a bar and seem to have trouble walking; or if they appear intoxicated and are walking toward a vehicle.

While officers may ask an individual to take a field sobriety test or breathalyzer, the truth is they don’t need a blood alcohol concentration to make an arrest.

 

What is the Punishment for Public Intoxication?

A public intoxication charge is a Class C misdemeanor, punishable by a maximum $500 fine. Although jail time is not a possibility as punishment, paying a fine on a PI citation will result in a conviction on your record. That’s why it’s important to resolve the case in a manner that will keep your record clean.

What is a Public Place?

Under Texas law, a public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Defending Against Charges for Public Intoxication in Fort Worth

A public intoxication charge in Texas is punishable by a fine of up to $500. Additional penalties apply to individuals under the age of 21. If you have two prior convictions for public intoxication, your third offense becomes a Class B misdemeanor, which is punishable by up to 180 days in jail and up to a $2,000 fine.