PUBLIC INTOXICATION LAWYER IN DALLAS-FORT WORTH
Public Intoxication charges are serious. The legal standard is very low, and the law is subjective. Simply paying the citation results in a permanent criminal conviction. It is important to take action to protect your rights when charged with Public Intoxication in DFW. Learn more.
- Will Public Intoxication affect employment in Texas? Public Intoxication is a criminal misdemeanor that can negatively impact employment, career advancement, and security clearances. Learn more.
- Does a Public Intoxication Show on background check? Yes, Public Intoxication charges will permanently appear on background checks unless dismissed and expunged.
WHAT IS THE PUBLIC INTOXICATION LAW IN DALLAS?
Texas Penal Code Section 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (a-1) For the purposes of this section, a premises licensed or permitted under the Texas Alcoholic Beverage Code is a public place. Learn more.
- What is the Definition of ‘Public Place’ in Texas? A public place is defined in Tarrant County as any place accessible by the public. This definition includes 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 construe this to mean whatever they want it to mean. Learn more.
HOW TO GET A PUBLIC INTOXICATION CHARGE DISMISSED IN DALLAS
There are many ways to obtain a dismissal when facing a Public Intoxication charge. Under no circumstances should a person simply pay the fine and accept a permanent criminal conviction.
- How to fight a Public Intoxication charge in Fort Worth? Public Intoxication charges can be fought by challenging the probable cause for arrest, confronting police officers about contrary evidentiary items, and litigating legal issues before the judge.
- Public Intoxication Dismissal in Dallas and Tarrant Counties Public Intoxication charges can be dismissed, even when the facts of the case are unfavorable. In addition to a jury trial, options like pre-trial diversion and deferred disposition can result in favorable outcomes. Learn more.
CAN YOU GO TO JAIL FOR PUBLIC INTOXICATION IN FORT WORTH?
Yes, everyone charged with Public Intoxication in Tarrant County can go to jail. Officers have discretion whether or not to arrest an individual for Public Intoxication. While jail time is not available under Texas law as a form of punishment, most people charged with Public Intoxication are arrested.
- How long do you stay in jail for Public Intoxication in Fort Worth? A person can be held in jail without bond for up to two days after an arrest for Public Intoxication. However, most people charged with Public Intoxication are released within a few hours on their own recognizance. Learn more.
- How much is a PI ticket in Texas? Under Texas law, $500.00 is the maximum fine amount for Public Intoxication. Additional fees like court costs, court-ordered classes, and community service can drive the total paid for a PI much higher. The damaging cost of a conviction is incalculable.
WHAT IS THE PENALTY FOR PUBLIC INTOXICATION IN DALLAS?
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.
- What level of crime is Public Intoxication in Texas? Public Intoxication is a Class C misdemeanor in Texas. Class C misdemeanors are criminal misdemeanors. Learn more.
- What are the enhancements for Public Intoxication in Texas? 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 LONG DOES PUBLIC INTOXICATION STAY ON RECORD IN TEXAS?
A Public Intoxication charge stays on a person’s criminal record forever in Texas. The charge will show up on background checks, and negatively impact school admissions, job application, security clearances, and travel classifications like Global Entry.
- What grounds can a case be dismissed in Texas? Criminal cases can be dismissed in Texas for lack of probable cause, illegally obtained evidence, and many times charges are dropped because police made a mistake – either knowingly or negligently.
- How do I expunge my Public Intoxication in Fort Worth? Dismissed Public Intoxication charges are eligible for expunction in Texas. Expunction is a powerful legal remedy that deletes and destroys all records of the incident. Learn more.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
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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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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