Have you been charged with public intoxication in Texas and need to know how serious the charge is? A public intoxication charge in Texas is considered a misdemeanor that can lead to serious penalties like a fine and a criminal record.
If you have been charged for the act of public intoxication, our criminal defense lawyers in Texas have over 30 years of experience in getting charges dropped or reduced. Before delving into that, let’s discuss the legal definition of the offense, potential penalties, defenses available, and the importance of seeking legal representation when facing such charges.
What Constitutes Public Intoxication in Texas?
In Texas, a person can be charged with public intoxication if they appear in a public place while intoxicated to the degree that they may endanger themselves or others.
Unlike drunk driving, public intoxication does not require a specific blood alcohol concentration (BAC) level, but rather focuses on the individual’s behavior and impairment in a public setting. For individuals who have been charged with public intoxication or a more serious offense like intoxication assault, a Dallas intoxication assault lawyer can provide insight into your legal options.
Intoxication is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol or drugs under Texas Penal Code 49.02.
What Are the Penalties for Public Intoxication in Texas?
Public intoxication is not a very serious offense and is typically classified as a Class C misdemeanor in Texas, which is the lowest level of misdemeanor offense. The penalties for a public intoxication charge may include a fine of up to $500, community service, and potential enrollment in an alcohol education program.
While public intoxication is not a criminal offense that carries the risk of jail time, it can still result in a permanent criminal record if convicted, which may have implications for future employment and other opportunities.
Can a Public Intoxication Charge Be Expunged From My Record in Texas?
In Texas, individuals who have been charged with public intoxication and have successfully completed any required penalties or programs may be eligible to have the charge expunged from their criminal record.
Expungement is a legal process that allows for the removal of certain criminal records from public view, providing individuals with a fresh start and the opportunity to move forward without the stigma of a past conviction. Consulting with a criminal defense lawyer can help you determine eligibility for expungement and navigate the expungement process effectively.
What Defenses Are Available for Public Intoxication Charges in Texas?
When facing a mildly serious public intoxication charge in Texas, there are several potential defenses that can be utilized to challenge the allegations and protect one’s rights. Common defenses may include:
- Disputing the level of intoxication
- Demonstrating that the individual did not pose a danger to themselves or others
- Arguing that the arrest was unlawful or based on insufficient evidence
Our skilled Dallas public intoxication attorney can assess the circumstances of the case, identify viable defenses, and advocate on behalf of the accused to achieve the best possible outcome.
Are There More Serious Charges That Can Be Added to a Public Intoxication Charge?
In Texas, there are several more serious charges that can potentially be added to a public intoxication offense. Some of the more common ones include:
Intoxication Assault
- This charge applies when the intoxicated individual causes serious bodily injury to another person through the use of a vehicle, aircraft, or watercraft.
- Intoxication assault is typically a third-degree felony, punishable by two to ten years in prison and up to a $10,000 fine.
Intoxication Manslaughter
- This charge comes into play if the intoxicated individual’s actions result in the death of another person.
- Intoxication manslaughter is generally a second-degree felony, with penalties ranging from two to 20 years in prison and up to $10,000 in fines.
Driving While Intoxicated (DWI)
- If the public intoxication incident involves the operation of a motor vehicle, the individual may face a DWI charge in addition to or instead of public intoxication.
- DWI penalties can include jail time, hefty fines, license suspension, and installation of an ignition interlock device.
These specific charges and penalties can vary depending on the circumstances of the case, such as the level of intoxication, whether a minor was involved, and if there were any prior convictions.
How Can a Lawyer Help in Defending Against a Public Intoxication Charge in Texas?
Seeking the assistance of a knowledgeable and experienced criminal defense lawyer like those from the Law Offices of Randall B. Isenberg is a smart way to protect your future. Although a public intoxication charge in Texas is not severely serious, our lawyers can negotiate with the prosecutor for reduced charges or penalties. Contact us today if you need legal assistance.
