If you’ve had a lot to drink while out with friends and barhopping, being a little rambunctious is all fun and games until someone steps over the line. Where’s the line? When the government decides whether your behavior is a threat to yourself or others. Sounds vague? That’s because it is. The police have broad interpretations when it comes to issuing citations or making arrests for public intoxication. But just because they say you’re a danger doesn’t mean it’s true.
What Is Public Intoxication?
In Texas, public intoxication is a Class C misdemeanor, which puts it on the same level as a speeding ticket. Technically, it’s not about how much you’ve had to drink, but about whether an officer thinks you’re a danger to yourself or someone else. You don’t have to fail a breathalyzer or stagger around like a movie drunk. You don’t even have to take a sobriety test. Instead, an officer can decide you’re intoxicated just based on how you look, act, and—most importantly—what you say.
Here’s where staying calm, polite, and—most importantly—silent makes all the difference. You have the right to remain silent. There’s no reason to volunteer information that could be twisted into evidence against you. So, if you’re in a situation where an officer is sniffing around for a reason to write you a ticket, keeping quiet might be your best move. The less you say, the less they have to work with.
In most cases, if you’re coherent and not causing any harm, you’ll get a citation and be on your way. But if the officer decides you’re out of control or a danger, they could arrest you. It’s rare for someone to be hauled off to jail for public intoxication—especially for a Class C misdemeanor—but it does happen.
Legal Consequences of Public Intoxication
Getting charged with public intoxication isn’t the end of the world, but it’s still not something you want hanging over your head. The penalty is typically a fine, similar to what you’d pay for a speeding ticket. But just like with any other ticket, you have options.
The government can’t just slap a public intoxication charge on you without proving that you were a danger to yourself or others. That means if you feel like the charge was bogus, you can fight it in court. The burden is on them to prove their case, and sometimes it’s easier said than done. Officers rely mostly on their observations, which can be subjective at best.
Fighting the charge might be worth it if you know you weren’t doing anything dangerous. You shouldn’t have to pay for a citation based on flimsy assumptions. If you decide to challenge it, a good defense attorney can help you argue that you weren’t a threat to anyone and the charge should be dismissed.
Need Help? Call Ryan Brown Attorney at Law
Public intoxication in Texas is a minor offense, but it’s still an offense. The state has to prove you were a danger to yourself or others, and that’s not always easy for them to do. If you’re in a situation where you might be accused of public intoxication, staying calm, keeping your mouth shut, and handling the interaction smartly will save you a lot of trouble later on.
But if you do end up with a ticket, don’t just assume you have to pay it. If you’ve been hit with a public intoxication charge in Texas and you think it’s unfair, don’t just accept it. Fight back. Call Ryan Brown Attorney at Law, P.L.L.C. at (806) 372-5711 to discuss your case and explore your options.
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