Public Intoxication in Boerne

Public Texas Penal Code Section 49.02 classifies Public Intoxication as a Class C Misdemeanor, punishable by a fine of up to $500.00, and a permanent criminal conviction. After two convictions, repeat offenders can be charged with a Class B Misdemeanor, facing up to 180 days in jail and a $2,000.00 fine. 

  • How serious is a Public Intoxication charge in Kendall County? Public Intoxication charges are very serious. They are easy to get, and if handled incorrectly, impossible to get rid of. Paying the citation will result in a permanent criminal conviction.
  • Does a Public Intoxication Show on background check? Yes. Public Intoxication charges appear on background checks. If you have been charged with Public Intoxication it is critical to get the charge dismissed. Otherwise, it can permanently appear on background checks, negatively impacting job opportunities and advancement. It can also be used against you in future criminal proceedings. 

What is Public Intoxication in Boerne?

Under Texas law, a person commits the offense of Public Intoxication if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. 

  • What is the definition of ‘Intoxication’ in Texas? Intoxication is defined in Texas as having lost the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
  • What is the definition of ‘Public Place’ in Texas? Public Place is defined in Texas as any place where members of the public have access. This definition includes, but is not limited to, public streets, highways, parking lots, bars, and private property. You can even be charged with Public Intoxication as a passenger in a vehicle. Learn more.
  • What is the definition of ‘Danger to Self or Others’ in Texas? There is no definition. It is entirely subjective. Police officers can (and do) construe this to mean whatever they want it to mean.

Public Intoxication in Boerne

Boerne is the live music capital of the world. It’s a drinking town. Whether it’s a University of Texas tailgate, concert, business trip or family barbeque in the neighborhood, Public Intoxication is a very common crime in Kendall County. 

  • What class misdemeanor is a Public Intoxication in Texas? Public Intoxication is a Class C Misdemeanor. First-time Public Intoxication charges come with fines of up to $500.00, and the potential of a permanent criminal conviction. Repeat offenders face harsher penalties.
  • How long does a Public Intoxication stay on record in Texas? Criminal convictions are permanent in Texas. A Public Intoxication charge from Kendall County or anywhere in Texas that is not dismissed will remain on the record forever. Charges like this can negatively affect security clearances, college admission, and student aid.
  • Can you expunge a Public Intoxication in Kendall County? After dismissal, a Public Intoxication charge will be eligible for an expunction in most Texas courts. This process deletes the arrest and charge from the record. Learn more. 


Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. 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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