Public intoxication is a crime in Texas that involves a person allegedly being intoxicated in public and representing a danger to themselves or other people. Police officers charge many people for public intoxication when they are unable to arrest alleged offenders for other more serious offenses, such as driving while intoxicated (DWI).
While public intoxication is a misdemeanor, a conviction can still be very harmful. Having public intoxication on your criminal record can still lead to other kinds of difficulties as employers, housing agencies, and other parties may view such convictions as being evidence of a person not being suitable for their goals.
Were you or your loved one arrested for an alleged public intoxication offense anywhere in Tarrant County? The Law Offices of Richard C. McConathy can help you achieve the most favorable possible outcome to your case.
We can fight to possibly get your criminal charges dismissed. You can have us review your case when you call (817) 422-5350 or contact us online to receive a free consultation.
Under Texas Penal Code § 49.02(a), a public intoxication offense involves a person appearing in a public place while intoxicated to the degree that they could endanger themselves or another person. A premises is considered a public place under Texas Penal Code §49.02(a-1) if the premises is licensed or permitted under the AlcoholicBeverage Code.
Under Texas Penal Code § 49.02(c), public intoxication is a Class C misdemeanor. The crime is not a lesser included offense of driving while intoxicated (DWI). Texas Penal Code § 49.02(d) establishes that public intoxication is not a lesser included offense of driving while intoxicated(DWI).
Texas Penal Code § 49.01(2) defines intoxication as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body” or having an alcohol concentration of 0.08 or more.Under Texas Penal Code § 49.01(1), an alcohol concentration (commonly referred to as a breath or blood alcohol concentration, or BAC) is the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67milliliters of urine.
Public intoxication is a Class C misdemeanor punishable by a fine of up to $500 but convictions do not result in jail time.Texas Penal Code § 49.02(e) establishes that a public intoxication offense committed by a minor (a person younger than 21 years of age) is punishable inthe same manner as if the minor committed an offense to which AlcoholicBeverage Code § 106.071 applies.
Alcoholic Beverage Code § 106.071 establishes that an offense involving a minor is also a Class C misdemeanor, but an alleged offender who has been previously convicted at least twice of public intoxication can be sentenced to a fine of up to $2,000 and/or up to 180 days in jail. Under Alcoholic Beverage Code § 106.115, the court must require an alleged offender to attend a drug education program approved by the Department of State Health Services, an alcohol awareness program approved by the TexasDepartment of Licensing and Regulation, or a drug and alcohol driving awareness program approved by the Texas Education Agency if a minor is placed on deferred disposition for public intoxication.
The court must also order a minor underAlcoholic Beverage Code § 106.071(d) to be placed on deferred disposition to perform community service for a minimum of eight up to 12 hours if they have not been previously convicted of public intoxication or a minimum of 20 up to40 hours if they have been previously convicted once of public intoxication, and order the Department of Public Safety to suspend the driver's license or permit of a minor convicted of public intoxication or, if the minor does not have a driver's license or permit, deny the issuance of a driver's license or permit for 30 days if the minor has not been previously convicted of public intoxication, 60 days if the minor has been previously convicted once of public intoxication, or 180 days if the minor has been previously convicted twice or more of public intoxication.
It is an affirmative defense to prosecution for public intoxication under Texas Penal Code § 49.02(b) 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. Affirmative defenses are raised to mitigate the consequences of otherwise illegal conduct.
In many cases, alleged offenders want to argue that they were not, in fact, intoxicated at the time of their alleged offenses.These claims could possibly be proven through video of alleged offenders at the time of their arrests, but the allegations are frequently quite subjective.
Welcome to the Fort Worth Police Department —Patrol for the Fort Worth Police Department (or FWPD) is broken into two commands, North Command and South Command. North Command oversees the Central,North, Northwest, and West divisions, while South Command oversees the East,South, and Traffic divisions. You can also learn about support services and crime prevention.
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Fort Worth firefighter fired after public intoxication arrest | Fort Worth Star-Telegram — In March 2014, the Fort WorthStar-Telegram reported that a Fort Worth firefighter was fired for lying repeatedly about his arrest for public intoxication and resisting arrest inMcKinney. The firefighter was suspended in December 2012 after being indicted on a felony burglary charge out of Lancaster that was reduced to criminal trespassing, but he was arrested for public intoxication and resisting arrest by McKinney police while on suspension. The arresting officer stated that they saw the firefighter and another woman looking at a rim and tire on a vehicle in the roadway that the firefighter claimed he was not driving, but he had the keys to the damaged vehicle and an envelope inside the car was addressed to him. The officer arrested him for public intoxication because of his slurred speech, him smelling strongly of alcohol, and being unsteady.
If you or your loved one were arrested for public intoxication in Fort Worth or another community in Tarrant County, do not think that pleading guilty is your only option. Make sure you have legal representation so you can possibly fight the charges and avoid a conviction.
The Law Offices of Richard C. McConathy will work to try and get your criminal charges completely dismissed. Call (817) 422-5350 or contact us online to schedule a free consultation.