PUBLIC INTOXICATION IN HOUSTON

Public Intoxication charges in Harris County are serious. The legal elements to arrest for Public Intoxication are entirely subjective, and simply paying the citation results in a permanent criminal conviction. Learn more. 

  • How serious is a Public Intoxication charge? Public Intoxication (PI) charges in Texas are very serious and should be handled carefully. Criminal records are public records. The only way to erase a PI charge is to obtain a dismissal, and then pursue an expunction. Learn more.
  • Does Public Intoxication affect employment in Texas? Public Intoxication is a criminal charge that will negatively impact college admissions, job opportunities, and career advancement. Learn more.
  • Will a Public Intoxication Show on Background Check? Yes, Public Intoxication charges permanently appear on background checks. This can have a negative impact on security clearances, travel, and employment.

WHAT IS PUBLIC INTOXICATION IN HOUSTON?

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 Alcoholic Beverage Code is a public place.

  • What is the Definition of ‘Public Place’ in Texas? A public place is anywhere in Harris County accessible by the public. This includes private property. Police can arrest a passenger in a vehicle for Public Intoxication in Houston. Learn more.
  • What is the definition of danger to self or others in Texas? The danger definition for the Texas Public Intoxication law is subjectively interpreted. This means police officers can construe this to mean whatever they want it to mean. Learn more.

HOW TO GET A PUBLIC INTOXICATION CHARGE DISMISSED IN HOUSTON?

Hiring an attorney for Public Intoxication charges in Houston is the first step towards dismissal. Obtaining a dismissal starts with a thorough review of the evidence obtained by police. Under no circumstances should a person simply pay the fine and accept a permanent criminal conviction for Public Intoxication. 

  • How to fight a Public Intoxication charge in Houston? Public Intoxication charges can be fought by challenging the probable cause for arrest, and exercising the constitutional right of confrontation. Police officers are people, and people make mistakes. Leveraging a mistake can result in a dismissal.

  • Public Intoxication Dismissal in Texas 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.

DO YOU GO TO JAIL FOR PUBLIC INTOXICATION IN HOUSTON?

Yes, Public Intoxication is an arrestable offense. Police officers in Houston and Harris County are legally able to arrest individuals for Public Intoxication if they believe probable cause exists for arrest. 

  • How long do you stay in jail for Public Intoxication in Houston? A person can be held in jail without bond for up to two days after an arrest for Public Intoxication. However, most people arrested for Public Intoxication in Houston 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. 
  • Where is the Harris County Drunk Tank?The Sobering Center at Houston Recovery Center

    150 N Chenevert St., Houston, TX 77002

    Phone: (713) 236-7800

    Website: https://houstonrecoverycenter.org/

WHAT IS THE PENALTY FOR PUBLIC INTOXICATION IN HOUSTON?

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 is a Class C misdemeanor in Texas? Class C misdemeanors are criminal charges in Texas, with serious, lifelong consequences. A conviction for a Class C misdemeanor should be avoided at all costs. 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?

Public Intoxication charges are permanent. The charge stays on a person’s criminal record forever. PI charges 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 dropped and dismissed in Houston? 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. 
  • Can you expunge Public Intoxication in Houston? 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. 

WHAT BAC IS DRUNK IN TEXAS?

There is no BAC standard for intoxication in Texas. A BAC at or above 0.08 can be used as evidence in the prosecution of Driving While Intoxicated cases, but the DWI standard for BAC is not applicable for other felony or misdemeanor charges. Learn more. 

  • What is Texas Zero Tolerance alcohol policy? Texas is not a zero tolerance state. You can buy alcohol 7 days a week in Texas. Learn more.

  • How many drinks is 0.08? The number of drinks it takes to reach 0.08 BAC is different for everyone. Height, weight, age, gender, and other factors play a role. 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.

PUBLIC INTOXICATION IN HOUSTON

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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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