Public Intoxication in Plano

HOW SERIOUS IS A PUBLIC INTOXICATION CHARGE PLANO TEXAS?

Public Intoxication is a serious criminal offense resulting in arrest, a maximum $500 fine, and a devastating permanent conviction in some circumstances. Certain repeat offenders are subject to enhanced charges punishable by a maximum 6 month jail sentence and $2,000 fine. A Public Intoxication charge can jeopardize educational, professional, and employment prospects for all Texans. Learn more.

  • How long do you stay in jail for Public Intoxication in Plano Texas? A person can stay in jail for several hours on a Public Intoxication charge in Plano. Public Intoxication arrests are premised on public safety as intoxicated offenders are deemed a danger to themselves or others. Plano law enforcement will therefore detain intoxicated offenders until they regain sobriety or they are otherwise safe for release.

  • What is the law for Public Intoxication in Plano Texas? The Public Intoxication law in Plano is found in Texas Penal Code section 49.02, which provides: 

    “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.” 

    Public Intoxication is a class C misdemeanor, punishable by a maximum $500 fine only. Offenders are nonetheless subject to arrest, community service hours, and alcohol awareness courses in some cases. Learn more.

WHAT IS PUBLIC INTOXICATION IN COLLIN COUNTY?

Public Intoxication is a criminal charge in Collin County, punishable as a class C misdemeanor with a maximum $500 fine. After two convictions, a third Public Intoxication charge enhances to a class B misdemeanor with a jail range of 72 hours to 180 days and a maximum $2,000 fine. Public Intoxication is a particularly fact-intensive offense meriting careful analysis by experienced legal counsel in Plano. Learn more.

  • Can a Public Intoxication charge be dropped in Plano Texas? Public Intoxication cases are dropped, dismissed, and resolved without conviction everyday in Plano courts. Collin County prosecutors are aggressive in the prosecution of this offense and do not dismiss these cases casually or out of good will. An effective Public Intoxication defense requires knowledgeable and skilled legal counsel.

DOES PUBLIC INTOXICATION GO ON YOUR RECORD IN PLANO TEXAS?

Yes, Public Intoxication cases do go on criminal records in Plano, even when the charge is dismissed. However, some cases may be removed from a Plano criminal record by Expunction, a powerful legal process that will delete all records of qualifying offenses. Learn more.

  • Does a Public Intoxication show on background check in Plano Texas? Yes, a Public Intoxication charge will appear on a criminal background check in Plano. This offense appears permanently on background checks even when resulting in a dismissal, although certain cases may be deleted by Expunction, a powerful legal tool that destroys all records of a case. Learn more.

IS IT ILLEGAL TO BE A DRUNK PASSENGER IN PLANO TEXAS?

There is no crime against being a drunk passenger in a car in Plano. However, heavily intoxicated individuals are still subject to arrest on Public Intoxication charges, especially if they invite law enforcement attention. Drunk passengers are frequently charged with Public Intoxication when their driver is arrested and they are unable to secure alternate transportation home. Learn more.

  • Which of these are signs of Public Intoxication in Plano? Plano law enforcement officers receive special training to investigate signs of intoxication such as slurred speech, glassy, bloodshot eyes, and the odor of alcohol. Intoxication suspects are advised to limit interaction with police so as to preserve potentially crucial legal defenses. Learn more.

  • What is the charge for Public Intoxication in Plano? Public Intoxication is a criminal charge punishable as a class C misdemeanor. This offense carries a maximum $500 and frequently results in an arrest. A Public Intoxication conviction is permanent and potentially devastating for Plano professionals including financial executives. Learn more.

WHAT IS INTOXICATION ASSAULT IN PLANO TEXAS?

Intoxication Assault is a third degree felony resulting when an intoxicated driver causes serious bodily injury to another person, including their passenger. This offense is punishable by a 2 to 10 year term of imprisonment and a maximum $10,000 fine. Additionally, an Intoxication Assault charge will suspend Second Amendment rights in Plano. Learn more.

  • What is a class C misdemeanor in Plano Texas? Class C misdemeanor is a classification of criminal offenses that are punishable by a maximum $500 fine in Plano. Though relatively common, these offenses can jeopardize licensing and employment prospects for many individuals including teachers, nurses, financial professionals, and military members. Learn more.

  • Can a person be intoxicated even if their BAC is 0.08 or lower? Yes, a motorist is intoxicated if they lose the normal use of their mental or physical faculties due to intoxicants, including alcohol and legal drugs. This standard accounts for situations where, for example, a novice drinker is heavily affected by modest amounts of alcohol. Additionally, a person is intoxicated if they appear in public while intoxicated to the degree they endanger themselves or others, regardless of BAC. Learn more.

DO MISDEMEANORS GO AWAY PLANO TEXAS?

No, misdemeanor cases do not go away automatically in Plano. Individuals who neglect misdemeanor court cases risk an arrest warrant and additional criminal charges. Misdemeanor arrest records do not go away either though some cases may be deleted by Expunction in Plano. Learn more.

  • What happens if you drink on probation in Plano Texas? Individuals who drink while on probation risk jail time and additional criminal charges. Drinking alcohol is a probation violation that will lead to a Motion to Revoke Probation, and a potentially lengthy jail sentence. Learn more.

  • Do arrests without conviction show up on background check in Plano Texas? Yes, arrest records appear on background check even when cases are dismissed with no conviction. Arrest records are permanent in Plano. However, some records may be deleted by Expunction, a powerful legal process that destroys all qualifying cases. Learn more.

HOW MANY BEERS IS 0.08 BAC IN PLANO?

The average male reaches a 0.08 BAC after consuming 4 average beers in one hour. The average female reaches a 0.08 BAC after 3 beers in one hour. However, these are average figures that vary widely across the populace and are affected by physiology and other factors. Learn more.

  • Is 0.06 BAC drunk? A driver is drunk at a 0.06 BAC if they have lost the normal use of their mental or physical properties due to consuming intoxicants including alcohol or legal drugs. This standard accounts for novice drinkers who are intoxicated with very little alcohol. Learn more.

  • What is the lowest BAC for DUI? A driver is legally intoxicated at a 0.08 BAC but may also be subject to DWI charges at any lower level BAC if they’ve lost the normal use of their physical or mental faculties. Additionally, a minor is criminally liable if they operate a motor vehicle with any detectable alcohol in their system. Learn more.

CAN YOU HAVE AN OPEN CONTAINER IN THE TRUNK IN PLANO TEXAS?

Yes, open alcoholic beverage containers may be transported in the trunk of a vehicle in Plano. Possessing an open alcohol beverage in the passenger compartment is a criminal offense punishable by a maximum $500 fine and a potentially devastating criminal conviction. Learn more.

  • What class misdemeanor is Public Intoxication in Plano Texas? Public Intoxication is commonly a class C misdemeanor with a maximum $500 fine. However, a third Public Intoxication offense is punishable as a class B misdemeanor with a maximum 6 month jail sentence and $2,000 fine. Learn more.

WHAT IS THE DIFFERENCE BETWEEN DRUNK AND INTOXICATED?

Drunk is a common word used in casual conversation to refer to being under a varying degree of influence of alcohol. Intoxication is usually used in a scientific or legal context to refer to being under the influence of an intoxicant to a specific degree. For example, Texas Law defines intoxication as having a 0.08 BAC while operating a motor vehicle. Learn more.

  • What are 5 signs that may indicate a person is intoxicated in Plano? Plano law enforcement are specifically trained to investigate the following 5 clues of intoxication: (1) slurred speech, (2) glassy, bloodshot eyes, (3) the odor of intoxicants, (4) balance and coordination problems, and (5) difficulties with divided attention tasks. Intoxication suspects should refuse all tests and limit interactions with police to increase their chances of beating a criminal case. Learn more.

  • Can you drink and not be intoxicated in Plano? Yes, a person can drink alcohol and not be intoxicated in Plano. However, certain individuals may be easily intoxicated after consuming minimal amounts of alcohol, including novice drinkers, and persons with health conditions. Additionally, it is a crime for a minor to operate a motor vehicle with any detectable amount of alcohol in their system. Learn more.

AT WHAT POINT ARE YOU INTOXICATED?

Legally, a driver is intoxicated at a 0.08 BAC or if they’ve lost the normal use of their mental or physical faculties due to intoxicants, including legal drugs and alcohol. Any person is intoxicated if they appear in public while intoxicated to the extent they pose a danger to themselves or others. Learn more.

  • How long can you be intoxicated for? A person can be intoxicated for up to approximately several hours. Alcohol affects everyone differently however and its effects are subject to several factors, like a person’s physiology, the amount of any food consumed, the number of hours slept, etc. The average person eliminates alcohol at a rate of 0.015 percent per hour. 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.

PLANO PUBLIC INTOXICATION RESOURCES

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

Public Intoxication in Plano

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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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