Texas Public Intoxication


In Texas you’re considered intoxicated if you do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or you have at least an alcohol concentration of 0.08. Under Sec. 49.02 of the Texas Penal Code A person commits an offense of Public Intoxication, if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. Bars and locations that have Alcohol Beverage Licenses are considered public places. Therefore, be aware that if you get in an altercation in a restaurant or a club when you’ve been drinking, it is likely that you will be charged with Public Intoxication. It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician. Since Public Intoxication is a Class C Misdemeanor, it is punishable by fine up to $500. However, it will stay on your record. It is not a crime of moral turpitude. But, it may affect how the court will treat you, if you have future infractions. If you are charged with another offense that includes controlled substances, you could be found to have a drug problem and be given greater penalties. If you have be charged with Public Intoxication, contact the Morris Law Firm at (214)357-1782, (817)496-3447 or via email at info@themorrisfirm.net.


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