In Texas, being publicly intoxicated can land you in legal trouble. According to Texas Penal Code 49.02, it’s illegal to be in a public place while intoxicated if you’re putting yourself or others in danger. Public intoxication applies whether you’ve been drinking alcohol, using drugs, or both.
It’s not about having a drink or two—it’s about how your behavior affects safety. If you’re just relaxing with friends and keeping to yourself, that’s fine. But if you’re stumbling into traffic or picking fights, that crosses the line into criminal behavior. However, in some cases, police may arrest and charge you with public intoxication due to poor judgment on their part. If this happens, it's important to know your rights and seek help from a skilled criminal defense attorney before it's too late. At Botsford & Roark in Austin, we're here to help if you've been charged.
What actions can lead to a public intoxication charge?
Not every case of public drinking is a crime. Let’s say you’ve had a few drinks but are still steady on your feet and not bothering anyone; that’s not illegal. But these behaviors could draw attention from law enforcement and lead to a potential public intoxication arrest:
- Loud or disruptive behavior, such as yelling, arguing, or causing a disturbance in public.
- Public urination, defecation, or other inappropriate bodily functions in public areas.
- Getting into physical altercations or making verbal threats.
- Walking into traffic, lying on sidewalks, or obstructing pathways.
- Performing obscene or inappropriate acts in public.
- Disregarding police or security instructions
- Ignoring warnings or failing to comply with lawful orders.
- Breaking or vandalizing public or private property.
- Possessing open containers of alcohol in restricted areas
- Displaying erratic behavior that puts people at risk.
- Falling unconscious in public spaces.
What happens if you’re charged with public intoxication?
In Texas, getting charged with public intoxication has real consequences, even though it’s considered a minor offense. If you're 21 years old or older, you’ll face a Class C misdemeanor and a fine of up to $500. There’s no jail time with this charge, but the process isn’t pleasant. You’ll be arrested, fingerprinted, booked, and have your mugshot taken. You’ll stay in jail until authorities believe you’re sober enough to leave.
If you’re under 21, the penalties hit harder. You could face:
- A driver’s license suspension for up to 30 days.
- Mandatory alcohol awareness classes.
- Up to 12 hours of community service.
- A fine of up to $500.
These penalties can cause serious setbacks, especially if you’re working toward your future goals. For college students in Austin, a public intoxication charge can disrupt your academic progress and future plans. To avoid a public intoxication charge, know your limits when drinking. If you feel yourself getting too intoxicated, call a ride or lean on a sober friend for help. Avoid arguments and steer clear of risky areas such as busy streets. Small choices can help you avoid legal problems and keep everyone safe.
Where can you get charged with intoxication in public?
Texas law casts a wide net when defining a “public place.” It includes any space that the public or large groups can access. This means you could face charges in places such as:
- Streets and highways.
- Parks and sidewalks.
- Schools, hospitals, and common areas in apartment complexes.
- Office buildings, malls, and public transit stations.
- Bars and restaurants that serve alcohol.
Surprisingly, even the bar where you’ve been drinking counts as a public space. If you become a danger to yourself or others while still inside, you can still be charged.
Contact an Austin criminal defense attorney to review your options
If you've been charged with public intoxication in Texas, the consequences can be more severe than you may realize. A conviction can tarnish your record, harm your reputation, and even impact your career or housing opportunities. That's why it's important to act fast and get legal help from an experienced Austin criminal defense lawyer. Delaying action only gives prosecutors more time to build their case.
The legal team at Botsford & Roark knows the ins and outs of Texas law and the local court systems. We can explore effective defense strategies such as challenging the circumstances of your arrest, questioning whether you posed a danger to yourself or others, or arguing unlawful police procedures. By acting fast, you give us the best chance to investigate your arrest, uncover weaknesses in the prosecution’s case, and negotiate for a dismissal or reduction of charges.
Setting up a free consultation with Botsford & Roark is simple and confidential. Contact us online or call our Austin law office today to speak to one of our lawyers. Our team is available 24/7 to listen to your concerns, explain your legal options, and guide you through every step of the process.
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