Austin Public Intoxication Lawyer
HOW SERIOUS IS A PUBLIC INTOXICATION CHARGE IN AUSTIN TEXAS?
Public Intoxication is a severe class C misdemeanor in Austin resulting in an arrest, a maximum $500 fine, community service hours, and alcohol awareness classes and counseling in certain circumstances. A Public Intoxication charge can also result in a permanent criminal record, which can devastate professional and educational prospects in Austin. Additionally, certain repeat offenders are elevated to a maximum 180 day jail sentence and $2,000 fine. Learn more.
- How do I get Public Intoxication dismissed in Austin Texas? A Public Intoxication dismissal requires a skilled and knowledgeable defense, well-versed in the science and investigation of intoxication offenses. Travis County law enforcement aggressively prosecute these cases due to Austin’s reputation as an entertainment, sporting, and nightlife hub. County prosecutors do not, therefore, casually dismiss intoxication cases on a whim or out of good will. An effective Public Intoxication defense will analyze and leverage weaknesses in the prosecution evidence to secure a deferral or a dismissal. Learn more.
- What is penal code 49.09 in Texas? Texas Penal Code section 49.09 allows the state to enhance DWI and other intoxication offenses due to prior DWI convictions or the circumstances of the offense. Travis county prosecutors wield this provision to effectively pressure defendants into waiving their constitutional rights. An effective Texas intoxication lawyer will build a compelling mitigation and legal defense to secure a deferral, a reduction, or a dismissal in certain circumstances. Learn more.
CAN A PUBLIC INTOXICATION CHARGE BE DROPPED IN AUSTIN TEXAS?
Public Intoxication charges are dropped, dismissed, and resolved without conviction every day in Austin-area courts. However, these charges are not casually dismissed, even with first-time offenders. An effective Public Intoxication defense requires a dynamic legal strategy in Austin.
- What is the grounds for Public Intoxication in Austin Texas? Texas Penal Code section 49.02 lays out the legal elements for a Texas Public Intoxication charge. An offense occurs if an individual appears in public while intoxicated to the extent they pose a danger to themselves or others. The law creates no BAC threshold, but merely requires an individual to pose a safety risk.
- Does a Public Intoxication show on background check in Austin Texas? Yes, a Public Intoxication charge will appear on a criminal background check in Austin even when dismissed. Importantly, this offense does not automatically go away and will remain permanently on a criminal record unless expunged. The only way to clear a Public Intoxication record in Austin is by expungement. Learn more.
HOW DO YOU PROVE INTOXICATION IN TEXAS?
In court, a prosecutor proves intoxication by presenting Proof Beyond a Reasonable Doubt. In a DWI trial this may include BAC evidence, video footage depicting the Defendant’s performance on Field Sobriety Tests, and the police officer’s testimony regarding their interactions with the suspect. In a Public Intoxication case, the crucial evidence is the police officer’s testimony regarding the suspect’s conduct as well as any video evidence depicting such. The Defendant’s speech, balance, coordination, and overall demeanor remain probative in any intoxication case. Learn more.
- Is drinking in public illegal in Austin Texas? No, drinking in public is legal in much of Austin, including on the streets and sidewalks of its many neighborhoods. Public drinking is illegal, however, in much of the downtown business district, along South Congress, around the University of Texas campus, and in Austin public parks. Learn more.
- What is the investigation for intoxication? Law enforcement officers often utilize Standardized Field Sobriety Tests to investigate intoxication. These tests gauge a suspect’s ability to divide their attention, follow instructions, and perform balance and coordination exercises. Law enforcement officers also look for other clues of intoxication including the odor of alcohol, slurred speech, glassy, bloodshot eyes, and mood and demeanor.
CAN I DRINK IN MY CAR IN AUSTIN TEXAS?
No, it is illegal to drink alcohol inside a vehicle in Austin. Open Container is a class C misdemeanor punishable by a maximum $500 fine and a permanent conviction in certain circumstances. Additionally, individuals drinking in their cars may be subject to arrest on a DWI charge in certain circumstances. Learn more.
- Is it illegal to drink in a parked car in Austin Texas? Yes, it is illegal to drink in a parked vehicle in Austin. Drinking alcohol in a motor vehicle, whether in operation or parked, is a class C misdemeanor offense punishable by a maximum $500 fine and a permanent criminal conviction in some cases. It is legal, however, to drink inside a limo, RV, or motorhome. Additionally, a person drinking in their car is subject to DWI arrest if an officer believes they recently operated a vehicle. Learn more.
- Can I walk around my neighborhood with a beer in Austin? Yes, it is legal to walk around drinking a beer in most Austin neighborhoods, except for areas around UT, downtown, and along South Congress. Additionally, it is illegal to drink so much as to become a danger to oneself or others in public. These individuals are subject to arrest and misdemeanor charges in Austin. Learn more.
WHAT DOES ZERO TOLERANCE MEAN IN AUSTIN TEXAS?
Zero tolerance is a policy prohibiting the purchase or consumption of alcohol in certain jurisdictions. Austin does not employ a zero tolerance policy except for restrictions against minors. It is illegal for a minor to operate a motor vehicle with any detectable amount of alcohol and to purchase or consume alcohol. Minors violating these restrictions are subject to criminal prosecution. Learn more.
- How do police measure a person’s level of intoxication? Police can employ blood or breath tests to measure a person’s level of intoxication in Austin. Police can administer field sobriety tests but they also receive training to detect other signs of intoxication like slurred speech, balance and coordination issues, and glassy, bloodshot eyes. Police employ these same methods in Public Intoxication cases, DWI charges, and even felony DWI cases like Intoxication Assault and Intoxication Manslaughter. Learn more.
- What are the three main signs of intoxication? Police undergo specific training to detect common signs of intoxication, including slurred speech, glassy, bloodshot eyes, and difficulties with divided attention tasks, like retrieving a driver license and insurance while responding to police questioning. Police employ this training in Austin DWI and Public Intoxication cases and even in felony charges involving intoxication.
WHAT ARE THE EVIDENCE OF ALCOHOL INTOXICATION?
Common evidence of intoxication include police testimony regarding a suspect’s demeanor, toxicological test results, and video footage depicting a subject’s interactions. A skilled intoxication lawyer and law firm can identify weaknesses in the prosecution evidence to leverage an advantageous result in criminal cases. Learn more.
- Can you drink in an Uber in Austin Texas? It is legal to drink alcohol in an Uber or rideshare service in Texas. However, as a private enterprise, Ubur may prohibit alcohol consumption as a company policy. It is also legal for a person to drink alcohol in a limo in Texas. Learn more.
- Can I drink in my car if it is turned off? No, it is illegal to drink alcohol in a car whether it is in operation or parked with the ignition off. Open Container is a class C misdemeanor punishable by a maximum $500 fine and a permanent criminal conviction in some cases. Additionally, police may arrest individuals drinking in their vehicle on DWI charges if they believe they recently operated the car. Learn more
CAN YOU HAVE AN OPEN BOTTLE OF ALCOHOL IN YOUR TRUNK AUSTIN TEXAS?
- Is walking around intoxicated illegal? Yes, it is illegal for a person to walk around intoxicated to the extent they endanger themselves or others in Austin. Public Intoxication is a severe class C misdemeanor punishable by a maximum $500 fine, community service, alcohol awareness, and a permanent criminal conviction in some cases. Learn more.
- What is the difference between drunk and intoxicated? The term “drunk” is used in common parlance to refer to someone being under the influence of intoxicants to no real discernable or specific level. “Intoxication” is more commonly used in legal or scientific contexts when detailing a determinable level of alcohol or other intoxicant influence, as opposed to generic “drunkenness.” Learn more.
WHAT ARE THE FIVE 5 SIGNS OF INTOXICATION?
Five common signs of intoxication in DWI arrests and police investigations include (1) glassy, bloodshot eyes, (2) the odor of intoxicants, (3) slurred speech, (4) balance and coordination issues, and (5) difficulties completing divided attention tasks. Intoxication suspects should limit their interactions with law enforcement so as to restrict the available prosecution evidence. Learn more.
- What is the obvious intoxication test? Obvious intoxication would refer to an individual who is under the severe and apparent influence of intoxicants. Although there is no specific test in these contexts, relevant obvious intoxication indicators would include consistently falling over, utter incoherence, and a demeanor that leaves a person’s state of intoxication or drunkenness beyond reproach.
- Where is it legal to walk around with alcohol in Austin? It is legal to walk around with alcohol in most Austin neighborhoods. Public consumption of alcohol is prohibited around the UT campus, downtown, along South Congress, and in public parks. Learn more.
HOW MANY SHOTS OF VODKA DOES IT TAKE TO GET DRUNK?
The average American male will reach a 0.08 BAC after drinking 4 average shots of vodka in an hour. The average American female will reach a 0.08 BAC after 3 average shots of Vodka in one hour. Learn more.
- How many beers does it take to get drunk? It will take drinking 4 average beers in one hour for the average American male to be legally drunk in Texas. It takes 3 average beers in an hour for an average American female to become legally intoxicated. Learn more.
- Is 0.3 alcohol level high? A BAC of 0.3 percent is very high and almost 4 times the legal limit of 0.08 in a Texas DWI case. Learn more.
HOW DO I FIGHT A PUBLIC INTOXICATION CHARGE IN AUSTIN TEXAS?
The best way to fight a Public Intoxication charge in Austin is with the assistance of an experienced Public Intoxication lawyer. An effective Public Intoxication defense requires knowledge of intoxication science and investigation. A skilled Public Intoxication lawyer in Austin can identify weaknesses in the prosecution and leverage a dynamic defense case to secure a reduction or a dismissal of all charges. Many Austin DWI lawyers and Public Intoxication law offices offer free case reviews. Learn more.
- How do I remove Public Intoxication from my record in Austin Texas? The only way to remove a Public Intoxication record in Austin is by Expunction. Expunction is a powerful legal tool that deletes all records of an offense and allows a person to deny existence of the expunged charge. This is a considerable advantage for professionals and students alike in Austin. Learn more.
- How long do they hold you for Public Intoxication in Austin Texas? A person can be held on a Public Intoxication charge for several hours in Austin until they regain sobriety. This is because people are detained on these charges partially from a public safety perspective as they are deemed a danger to themselves or others. A person in this scenario is then subject to jail release and a court appearance in Downtown Austin Community Court, or in the relevant court, including in nearby Williamson County and Hays County. Learn more.
HOW MUCH IS PUBLIC INTOXICATION IN AUSTIN TEXAS?
An Austin Public Intoxication charge carries a maximum $500 fine, though there are often other associated costs when factoring the common Alcohol Awareness and community service requirements. Additionally, certain repeat offenders are subject to an enhanced maximum fine of $2,000 in Austin. Learn more.
PUBLIC INTOXICATION LAWYER IN AUSTIN | TRAVIS COUNTY, TEXAS
Trey Porter Law represents individuals seeking to expunge criminal records in Austin and Travis County, as well as the surrounding areas of Fredericksburg, Georgetown, Kyle, Lakeway, Lago Vista, Pflugerville, Round Rock, and San Marcos.
Trey Porter Law stands up for the citizen accused. From students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL brings a results-oriented & client-focused approach to solving complex problems.
Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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