Texas Penal Code §49.02 states that an individual commits an offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. The intoxicating substance isn’t limited to alcohol; any substance that impairs one’s mental or physical faculties can result in a PI charge.
If you were arrested for public intoxication on Galveston Beach or elsewhere in Galveston County, our law firm provides 5-star legal representation. Contact us at 409-904-0075 to schedule your free consultation with Galveston DWI Lawyer Tad Nelson today!
Penalties for Public Intoxication
Public intoxication is a Class C misdemeanor in Texas. The penalties might seem trivial, but the consequences can be significant.
- Fines: The most common penalty is a fine of up to $500.
- Criminal Record: Although it’s a minor offense, a conviction results in a criminal record. A criminal record can have a bad impact on your future.
- Alcohol Education Classes: Courts often mandate drug & alcohol education classes.
- Community Service: In some cases, judges may impose community service hours.
Repeat offenses lead to more stringent penalties. For individuals under 21, public intoxication can lead to additional penalties under the Texas Alcoholic Beverage Code. These penalties include mandatory alcohol awareness courses and Texas Driver License suspension.
Defending Against Public Intoxication Charges
Defending a public intoxication charge isn’t a straightforward process. Given the subjective nature of the offense, we’ve outlined a few defense strategies we might consider, below.
Challenging the Intoxication Level
One common defense is disputing the level of intoxication. The burden is on the prosecution to prove that the defendant was intoxicated to the point of being a danger. If the arresting officer’s observations are inconsistent, this defense might be effective.
Questioning the Public Place Criterion
The definition of a public place can be contested. For instance, if the arrest occurred on private property, the charge might be invalid. Proving that the location was not accessible to the general public (at the time) can be a strong defense.
Medical Conditions and Medications
Sometimes, a person’s behavior might mimic intoxication due to medical conditions. Certain medications can also cause an intoxicating effect. Providing medical records or expert testimony can demonstrate that the accused was not actually intoxicated.
Procedural Errors
Officers must follow specific procedures during arrests. Any deviation like failing to read Miranda rights or conducting an illegal search, can lead to the dismissal of your case.
Your Rights Matter
Any evidence obtained through unconstitutional means can be excluded from the trial. Furthermore, the Sixth Amendment affirms your right to legal representation and the opportunity to confront witnesses.
Arrested for Public Intoxication in Galveston?
Call on Galveston DWI Lawyer Tad Nelson for the Right Counsel
At Tad Nelson & Associates, we bring decades of expertise to the table. With Tad Nelson’s background as a former Assistant Galveston County District Attorney and Amber Spurlock’s extensive experience, we provide our clients with informed, strategic defense tactics.
Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization. Our clients are assured of prompt professionalism and excellence. To talk with a lawyer, schedule your free consultation today! Call us at 409-904-0075 or send us a message.
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