Public Intoxication in El Paso

HOW SERIOUS IS A PUBLIC INTOXICATION CHARGE IN EL PASO?

Public Intoxication is a class C misdemeanor punishable by a maximum $500 fine and a permanent and devastating criminal conviction in some cases. A Public Intoxication charge can result in an  arrest even though jail time is not contemplated in its range of punishment. Importantly, a conviction can impose severe collateral consequences that impair professional and educational prospects. Learn more.

  • How long are you in jail for public intoxication? An initial arrest for Public Intoxication lasts no longer than 24 hours in most instances though this is dependent on the availability of a judge for magistration. Individuals are arrested for this offense as they are deemed to be so intoxicated as to create a danger for themselves or others. Therefore, individuals are detained for their safety and as long as needed for them to recover their sobriety.
  • Is it legal to be intoxicated in public in El Paso Texas? It is illegal for a person to be publicly intoxicated to the point that they are a danger to themselves or others in El Paso. This is an admittedly broad standard that affords police officers a lot of discretion in making arrests. Public Intoxication is a serious charge meriting careful attention and legal counsel. Learn more.

WHAT KIND OF CHARGE IS PUBLIC INTOXICATION IN EL PASO TEXAS?

Public Intoxication is a criminal offense punishable as a class C misdemeanor with a maximum $500 fine and a permanent criminal conviction in certain instances. Public Intoxication cases usually result in arrest for a person’s safety, which generates a permanent record that hampers career, educational, and immigration prospects. Repeat offenses can create an impression of a severe substance abuse addiction, which can result in such consequences as a loss of a teaching license. Learn more. 

  • Can a Public Intoxication charge be dropped in El Paso Texas? Public Intoxication cases are dropped, dismissed, and resolved without conviction everyday in El Paso courts. However, this is a serious offense and is treated as such by the El Paso City Attorney’s Office who will not dismiss cases out of sheer goodwill. An effective Public Intoxication defense in El Paso requires serious and experienced legal representation.
  • How much is bail for Public Intoxication in El Paso Texas? A person can expect bail to be no higher than approximately $500 in most cases. However, bail is highly dependent on the facts of the case and an individual’s criminal history. For example, a person with two or more Public Intoxication convictions is subject to an enhanced class B misdemeanor charge with a higher bail amount.

DOES PUBLIC INTOXICATION GO ON YOUR RECORD IN EL PASO TEXAS?

Yes, an El Paso Public Intoxication arrest generates a permanent entry on a criminal record even if the case is eventually dismissed. Certain Public Intoxication cases may qualify for an Expunction, which is a powerful legal tool that destroys all records of a case. Learn more.

  • Which of these are signs of Public Intoxication in El Paso? Law enforcement is trained to review the totality of the circumstances when deciding to conduct a Public Intoxication arrest. They will review a person’s general demeanor, their ability to maintain their balance, whether they will be in danger if not assisted, whether they are able to obtain assistance from others, and other similar considerations predicated on the person’s safety and security.
  • Can a passenger drink alcohol in a car in El Paso Texas? No, it is illegal for a passenger to drink alcohol in a car in El Paso. This is punishable as the class C misdemeanor offense Open Container. However, a passenger can drink alcohol when riding in a limo, taxi, uber, or similar ride-share service. Learn more.

IS IT ILLEGAL TO BE A DRUNK PASSENGER IN EL PASO TEXAS?

There is no criminal offense for being a drunk passenger in a vehicle in El Paso. However, doing so can result in a Public Intoxication charge in certain circumstances. For example, a Public Intoxication arrest will result if the driver is arrested and the passenger is dangerously intoxicated and has no other means to get home or to obtain assistance.

  • What is PI instead of DWI in EL Paso Texas? PI is Public Intoxication, a class C misdemeanor that results when a person is intoxicated to the degree they are a danger to themselves or others. DWI is Driving While Intoxicated, the resulting criminal charge when a person operates a motor vehicle while intoxicated such that they don’t have the normal use of their mental and physical faculties. Learn more.
  • Is PI worse than DWI in El Paso? Public Intoxication is generally a lower-level offense than DWI, and doesn’t carry many of the same consequences like driver’s license suspensions and insurance premium hikes. However, repeat Public Intoxication charges can result in a class B misdemeanor charge with possible jail time and thousands of dollars in fines. Learn more.

WHAT IS INTOXICATION ASSAULT IN EL PASO TEXAS?

Intoxication Assault is a third degree felony offense resulting when an intoxicated driver causes serious bodily injury to another, including their passenger. This is a severe felony charge with a maximum 10 year prison sentence and a maximum $10,000 fine. Learn more.

  • What is a class C misdemeanor in El Paso Texas? Class C misdemeanor is a category of Texas criminal offenses punishable by a maximum $500 fine only. These are relatively common offenses but they can nevertheless impose severe collateral consequences for professionals, students, and immigrants. Class C misdemeanor merit careful consideration and experienced legal assistance. Learn more.
  • What are 5 signs that may indicate a person is intoxicated in El Paso? Law enforcement receive training on common indicators of intoxication such as: (1) slurred speech, (2) the odor of intoxicants, (3) glassy, bloodshot eyes, (4) difficulties with balance and coordination, (5) Inability to divide attention, among other factors. Learn more.

HOW TO SOBER UP FROM ALCOHOL IN 30 MINUTES IN EL PASO?

There is no way to artificially sober up or otherwise speed the elimination of alcohol from your body. A person’s body naturally eliminates alcohol from their system over the passage of time. The average person reduces their BAC at a rate of 0.015 per hour. Learn more.

  • Can you sleep in your car in El Paso Texas? An intoxicated person who sleeps in their car in El Paso is subject to Public Intoxication charges as this offense is highly dependent on an officer’s subjective opinion. A person also risks Driving While Intoxicated if there is any indication that they are operating or recently operated the motor vehicle. Learn more.

CAN I DRINK IN MY FRIEND’S CAR IN EL PASO?

No, drinking in a friend’s car is the illegal criminal offense Open Container. Open Container is a class C misdemeanor punishable by a maximum $500 fine and a devastating criminal conviction. A person may drink while riding as a passenger in a limo, taxi, uber, or other similar ridesharing services. Learn more. 

  • Can a drunk person sit in the passenger seat in El Paso Texas? There is no law preventing a drunk person from riding in a vehicle in Texas. However, a person who is so intoxicated as to pose a danger to themselves or others may still be arrested for Public Intoxication, even when otherwise riding innocently in a motor vehicle.
  • Can you drink alcohol in a limo in El Paso Texas? Yes, it is legal to drink alcohol while driving in a limo so long as permitted by the operator or company. It is also legal to consume alcohol while riding in a taxi, Uber, or other rideshare services. Learn more.

CAN YOU WALK AND DRINK ALCOHOL IN EL PASO TEXAS?

It is illegal to publicly drink alcohol on streets and sidewalks of the El Paso central business district or within 1,000 feet of a homeless shelter. There is also an alcohol ban in city parks. 

  • Can you drink at a park in El Paso Texas? No, the City of El Paso prohibits public alcohol consumption in its parks and recreational areas. The city does allow special permitted exceptions during events however.
  • Can you take alcohol to go from a restaurant in El Paso Texas? Yes, Alcohol to-go is permitted from El Paso restaurants if accompanied by a food order. Texas can include mixed drinks, beer, and wine in pickup and delivery food orders from restaurants. Learn more.

WHAT IS THE INTOXICATION LIMIT IN EL PASO TEXAS?

The legal BAC limit in El Paso, and throughout Texas, is 0.08 in connection with DWI cases. There is no specific BAC limit in relation to Public Intoxication. Instead, law enforcement employs the standard of whether a person is so intoxicated as to pose a risk of danger to themselves or others.

  • Do misdemeanors go away in El Paso Texas? No, El Paso misdemeanor offenses do not go away automatically over the passage of time. Misdemeanors are permanent even when dismissed. Certain offenses, however, may qualify for an Expunction, which deletes all records of the case, or an order of nondisclosure, which seals the public record. Learn more.
  • What happens if you get caught drunk driving in El Paso Texas? Drunk driving is prosecuted as Driving While Intoxicated (DWI) in El Paso.  DWI is a serious offense that can result in lengthy jail time, license suspension, thousands of dollars in fines, and a crippling criminal conviction. Learn more.

CAN YOU SIT IN YOUR CAR DRUNK IN EL PASO TEXAS?

It is legal to sit in your car drunk in El Paso. However, a person may still be arrested in such a scenario if they are intoxicated to the degree they endanger themselves or another. A person is also subject to a DWI arrest if there is any indication they are operating or recently operated the vehicle. Learn more.

  • What alcohol level is a DUI in El Paso Texas? Operating a motor vehicle with a BAC of 0.08 or greater is the criminal offense DWI in El Paso. It is illegal for a minor (21 and under) to operate a motor vehicle with any detectable amount of alcohol in their system. Learn more.
  • Public Drunkenness El Paso? Public drunkenness is punishable as the criminal offense Public Intoxication in El Paso. Public Intoxication is a class C misdemeanor with a maximum $500 fine. A person with 2 or more prior convictions is subject to an enhanced class B misdemeanor Public Intoxication charge with a maximum 6 month jail sentence and $2000 fine. Learn more.

CONSEQUENCES OF PUBLIC INTOXICATION IN EL PASO?

An El Paso Public Intoxication charge can result in an arrest, a maximum $500 fine, alcohol awareness and substance abuse counseling, community service hours, and a permanent criminal conviction in some instances. An experienced Public Intoxication lawyer can secure a dismissal and assist in avoiding the most serious of these consequences. Learn more.

  • Public drunkenness laws in El Paso? El Paso law enforcement authorities seriously prosecute Public Intoxication charges. The city is aggressive with respect to all alcohol offenses, issuing nearly 2,000 citations for Open Container in the period between the start of 2020 through June of 2021.
  • Is drunk in public a criminal offense in El Paso? Yes, appearing in public while intoxicated to the degree of endangering oneself or others is a criminal offense in El Paso. Public Intoxication is a class C misdemeanor that can impose severe consequences for people in financial industries, for example. Learn more.

PUBLIC DRUNK CHARGE EL PASO?

The charge for being drunk in public in El Paso is Public Intoxication. This class C misdemeanor is punishable by a maximum $500 fine and a potentially disastrous criminal conviction in certain instances. Learn more.

  • Public Intoxication warrant El Paso? A person can receive an arrest warrant for Public Intoxication in El Paso if they fail to appear for a scheduled court date or if they neglect or violate any conditions of their case. An active warrant in El Paso results in immediate arrest and detention. Learn more.
  • Public Intoxication probation El Paso? Certain El Paso Public Intoxication cases may qualify for Deferred Disposition, which is a powerful legal tool that can result in a dismissal of all charges. An individual on Deferred Disposition must comply with all court ordered conditions and requirements. 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.

EL PASO PUBLIC INTOXICATION RESOURCES

Access to information is important when dealing with a criminal charge. The following entities play an important role in the El Paso criminal justice system. For more information, visit the El Paso County, Texas website.

 

 

 

Public Intoxication in El Paso FAQs; Knowledge is power. Get honest answers now.

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    WE FIGHT FOR DISMISSAL

    WE FIGHT FOR DISMISSAL

    CHARGES DISMISSED

    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.

    CHARGES DISMISSED

    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.

    CHARGES DISMISSED

    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.

    CHARGES DISMISSED

    DWI 2nd

    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.

    CHARGES DISMISSED

    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.

    CHARGES DISMISSED

    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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