Austin Public Intoxication Defense

Public intoxication is also known by the name “drunk and disorderly conduct”. Many countries have their own laws against public intoxication, but these laws can be different, depending on the country. If a person is out in a public place, and appears intoxicated, it does not matter whether they are under the influence of drugs or alcohol, or both.

The result will be an arrest for public intoxication. In most cities, public intoxication is a misdemeanor. Some states in the US will let the guilty party use alcoholism as their defense in this misdemeanor, and this will allow them to attend a special treatment program to get off alcohol. In order to be arrested for public intoxication, a person will need to either be a danger to any of the people who may be around him or her, be a danger to him or herself, or cause some sort of public disturbance. If arrested for public intoxication, the guilty party is taken to jail so that they can become sober. On the following day, they will pay a fine before going home. The amount of the fine depends on exactly what the person’s drunken behavior entailed.

How Serious Is A Public Intoxication Charge & Should I Hire A Public Intoxication Lawyer to Defend Me?

Anyway, the answer to the above question can depend on several factors, including the number of previous convictions someone may have for public intoxication or the person's age. For example, Texas Penal Code Section 49.02 (c) states that public intoxication in Texas is a Class C Misdemeanor, except as provided by Texas Penal Code 49.02 (e).

§ 49.02. PUBLIC INTOXICATION

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

(b) 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.

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d) An offense under this section is not a lesser included offense under Section 49.04.

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

If you have just went out with your friends and gotten drunk in public, this is technically classified as public intoxication which is a serious offense in the state of Texas. you should understand is that when they arrest you, you are not going to be able to leave the jail immediately after. The police are quite likely to hold you in the jail for up to 6 hours in order to make sure that you sober up enough to get yourself back to your home.