Public Intoxication in Galveston

CAN YOU GO TO JAIL FOR PUBLIC INTOXICATION IN GALVESTON TEXAS?

Yes, Public Intoxication is a serious criminal charge that will result in arrest and detention for several hours in Galveston. This offense is a class C misdemeanor that is normally punishable by a maximum $500 fine only. However, police will arrest individuals for Public Intoxication as a safety measure as these individuals are deemed to pose a danger to themselves or others. Learn more.

  • What is the first offense for Public Intoxication in Galveston Texas? A first-offense Public Intoxication charge is punishable as a class C misdemeanor with a maximum $500 fine. Even a single violation can result in a permanent criminal conviction and drastic collateral consequences. Additionally, a third-offense Public Intoxication is enhanced and punishable as a class B misdemeanor with a maximum 6 month jail sentence and $2000 fine. Learn more.
  • What is the statute of Public Intoxication in Galveston Texas? The Public Intoxication statute in Galveston is found in Texas Penal Code 49.02 which provides that:

    “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.”

    This offense is a class C misdemeanor carrying a maximum $500 fine. Learn more.

HOW LONG DOES A PUBLIC INTOXICATION STAY ON YOUR RECORD IN GALVESTON TEXAS?

A Public Intoxication charge stays permanently on criminal records in Galveston even when the case is dismissed. Certain offenses may be removed by an Expunction, a powerful legal tool that destroys all records of a case. Learn more.

  • Is drinking in public illegal in Galveston Texas? Yes, it is illegal to consume alcohol on any public sidewalk, public street, or public right-of-way in Galveston, except for in the central business district. The city code defines the central business district as the area north of Broadway, south of Harborside Drive, west of 19th Street, and east of 26th Street. Alcohol is also permitted at East Beach/Apfell Park, Poretto Beach, in the area west of 61st Street to 16 Mile Road, but is prohibited in all other Galveston Beaches.
  • Which of these are signs of Public Intoxication in Galveston? Galveston law enforcement are specifically trained to look for signs of intoxication, including slurred speech, glassy, bloodshot eyes, the odor of intoxicants, balance and coordination problems, and difficulties with divided attention tasks. Individuals are advised to interact with police as little as possible so as to limit prosecution evidence and preserve an effective Public Intoxication defense. Learn more.

CAN A PERSON BE INTOXICATED EVEN IF HIS BAC IS BELOW .08 PERCENT?

Yes, a person can be intoxicated on drugs with no BAC present. Additionally, a person can be intoxicated at a lower BAC if they’ve lost the normal use of their physical or mental faculties while operating a vehicle. This standard exists partially to account for novice drinkers who may become severely intoxicated at low alcohol levels. For purposes of the Public Intoxication law, a person is intoxicated if they appear in public while intoxicated to the degree they endanger themselves or another, regardless of their BAC. Learn more.

  • What is the drunk law in Galveston Texas? It is illegal for a person to operate a motor vehicle while intoxicated with a BAC of 0.08 percent or while not having the normal use of their physical or mental faculties. It is also illegal for a person to appear in public while intoxicated to the extent they pose a danger to themselves or another. Committing these offenses in Galveston can result in arrest and criminal prosecution for the offenses Public Intoxication and Driving While Intoxicated. Learn more.
  • What is Intoxication Assault in Galveston? Intoxication Assault is the resulting felony offense when an intoxicated driver causes serious bodily injury to another, including their passenger. This charge is a severe third degree felony with a 2 to 10 year term of imprisonment and a maximum $10,000 fine. Additionally, a felony conviction is a disqualification for a Texas License to Carry. Learn more.

HOW MUCH DOES A PUBLIC INTOXICATION TICKET COST IN GALVESTON TEXAS?

The maximum fine for Public Intoxication is $500 in Galveston. However, Galveston courts can also require community service hours and alcohol awareness classes, which both involve additional costs. An experienced Galveston Public Intoxication attorney can help minimize these expenses and avoid the devastating pitfalls of a permanent criminal conviction. Learn more.

  • Will a Public Intoxication affect employment in Galveston Texas? Yes, Public Intoxication is a criminal charge that can jeopardize employment for all Texans. For example, repeat offenses can create the aura of a significant substance abuse problem requiring disciplinary measures for Texas professionals like Texas nurses. Learn more.
  • Can you walk down the street with alcohol in Galveston Texas? No, it is illegal to walk down a public street in Galveston consuming alcohol except for in the central business district north of Broadway, south of Harborside Drive, west of 19th Street, and east of 26th Street. This offense is a class C misdemeanor with a maximum $500 fine. Visitors who ignore or neglect these citations are subject to an arrest warrant and additional criminal charges. Learn more.

CAN A PASSENGER DRINK IN CAR IN GALVESTON TEXAS?

No, drinking in a car is an illegal criminal offense, punishable as the class C misdemeanor Open Container. Open Container carries a maximum $500 fine and the possibility of a debilitating permanent conviction. It is not a crime for a passenger to consume alcohol while riding in a limo, a taxi, an uber, or in a similar rideshare service. Learn more.

  • Can minors drink with parents in Galveston Texas in public? Yes, it is legal for a minor to consume alcohol if accompanied by a parent, a legal guardian, or an adult (over 21) spouse in Galveston. However, it is a crime for a minor to operate a vehicle with even the smallest detectable alcohol in their system. Learn more.
  • What are the 4 types of drinker? The 4 types of drinkers are as follows:
    • Frequent drinker: a person who drinks repeatedly on any occasion and on a regular basis.
    • Social drinker: a person who drinks alcohol occasionally at social gatherings or events but not on a regular basis.
    • Rare drinker: A person who rarely drinks alcohol but will do so in infrequent, limited circumstances.
    • Non drinker: A person who does not consume alcohol at all.

What are 5 signs that may indicate a person is intoxicated in Galveston?

Police are trained to look for the following 5 signs of intoxication in Galveston: (1) the odor of intoxicants, (2) glassy, bloodshot eyes, (3) slurred speech, (4) balance and coordination issues, and (5) difficulty with divided attention tasks. Learn more.

  • Do misdemeanors go away Galveston Texas? No, misdemeanors do not automatically resolve themselves, go away, or disappear off criminal records in Galveston. Neglecting a misdemeanor offense can result in an arrest warrant and additional criminal charges. Some misdemeanor records may be deleted by a legal process called Expunction, or publicly sealed by a nondisclosure order. Learn more.
  • Can I walk around my neighborhood with a drink in Galveston? No, it is a crime to publicly consume alcohol on Galveston streets and sidewalks. However, publicly drinking alcohol is permitted in the central business district north of Broadway, south of Harborside Drive, west of 19th Street, and east of 26th Street.

CAN YOU DRINK WHILE WALKING IN GALVESTON TEXAS?

A person can only drink while walking in public in the Galveston central business district north of Broadway, south of Harborside Drive, west of 19th Street, and east of 26th Street. A person cannot otherwise walk with a beer or any other alcohol on public streets in Galveston. This offense is a class C misdemeanor with a maximum $500 fine. Learn more.

  • Can I drink in a park in Galveston Texas? No, it is illegal to consume, carry, or bring any alcoholic beverage in or upon any park or playground in Galveston without a written permit from the director of parks and recreation.

IS IT ILLEGAL TO WALK AROUND INTOXICATED IN GALVESTON?

It is illegal for a person to walk around in public while intoxicated to the degree that the person endangers themselves or another person. This is the offense Public Intoxication, a severe class C misdemeanor that can impose substantial collateral consequences. Learn more.

WHAT PERCENT ALCOHOL DOES .08 PERCENT INDICATE IN GALVESTON?

This standard indicates that a person’s blood alcohol concentration is 0.08 percent. This is the legal level of intoxication for drivers in Galveston and in most of the nation. Learn more.

  • At what BAC level are you intoxicated in Galveston? The Texas Penal Code presumes that a driver is legally intoxicated at a BAC of 0.08 percent. Galveston motorists are advised to refuse all tests so as to best preserve legal DWI defenses. Learn more.
  • Is it illegal to sleep drunk in your car in Galveston Texas? There is no law prohibiting sleeping drunk in a car in Galveston. However, an individual who does so is subject to arrest and prosecution for Public Intoxication or DWI if there is any indication they recently operated the vehicle. Additionally, the city code does prohibit sleeping in a car in a public park as illegal camping.

HOW MANY DRINKS IS .08 FOR A MAN IN GALVESTON?

The average American male in Galveston reaches a BAC of 0.08 percent after consuming 4 standard alcoholic drinks in an hour. However, this is an average figure that varies widely across the demographic. Learn more.

  • How fast does BAC drop in Galveston? A person’s body eliminates alcohol from their system at an average rate of 0.015 per hour. However, this figure varies widely and is affected by a person’s physiology, among other factors. Learn more.
  • Does drinking water lower BAC in Galveston? No, drinking water will not accelerate the dissipation of a person’s BAC. Nothing lowers BAC except the passage of time. 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.

GALVESTON PUBLIC INTOXICATION RESOURCES

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

  • Galveston County Justice of the Peace Precinct 3

    Galveston Office

    600 59th St., 1st Floor

    Galveston, Texas 77551

    Phone: (409) 770-5455



    La Marque Office

    203 Vauthier Rd.

    La Marque, Texas 77568

    Phone: (409) 765-2930



    Crystal Beach Office

    946 Noble Carl Rd.

    Crystal Beach, Texas 77650

    Phone (409) 765-2980 ext 1
Public Intoxication in Galveston

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    Read More Reviews

    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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