Public Intoxication Defense

An individual commits the crime of public intoxication in Texas if the individual displays, in public, an obvious level of intoxication to the extent that the individual may be a risk to themselves or others.  The components that the state must verify are as follows:

  • An individual was involved.
  • The individual was in a public place.
  • The individual was intoxicated.
  • They may be a risk to themselves or others.

The legal age to consume alcohol in the US is 21 years and, in case that the individual is not old enough to drink when charged with public intoxication, the penalties are much greater.  If the individual is beyond 21 years old, the penalties are not as extreme.

The first thing that an individual must understand is that PI is cited when one acts disorderly in a public place as a result of alcohol or illegal substance abuse.  This implies that the individual ingested or took some sort of liquor or drug and was acting in a manner that became dangerous to themselves or others.  This also implies that the individual is not fit to make a rational decision by themselves, which is why police officers are forced to arrest them.  When arrested, they are held in a police cell for no less than 6 hours to ensure that the substance consumed is fully out of the system and that they are not likely to hurt anyone.

When arrested, individuals are required to undergo the booking process.  At this point, mug shots are taken and fingerprinting is done.  From this point it is necessary to get a McKinney Tx Criminal Attorney experienced with public intoxication defense, because the prosecution process has already begun.  After a period of 6 hours, there will be bail hearing to determine one’s status.  Based on the proficiency of one’s legal team and their criminal history, the bail amount will be determined.  Public Intoxication is deemed a Class C Misdemeanor and the past criminal records of the individual will be a factor in determining the sentence if found guilty.

Call us now, I can help avoid a trial and negotiate an appeal bargain or reduced sentence.  If the bargain for appeal cannot be achieved, I will set up a solid defense strategy and argue on our clients’ behalf during the trial.