SAN ANTONIO PUBLIC INTOXICATION LAWYERS

Experienced. Local. Relentless.

Trey Porter Law is a team of Public Intoxication attorneys in San Antonio focused on getting charges dismissed.

We’re outcome-driven. Under Texas Penal Code §49.02, Public Intoxication is a Class C misdemeanor. A conviction can leave arrest records and mugshots publicly accessible on background checks.

Our goal in every case is dismissal and expunction eligibility. Our experienced team routinely resolves Public Intoxication cases locally in San Antonio Municipal Court and JP courts across Bexar County. We also defend Public Intoxication charges for our neighbors in Fredericksburg and New Braunfels.

This page covers Texas Public Intoxication laws and consequences, local court practices, and defense strategies that work.

Arrested for Public Intoxication? Submit a form or call 210-673-1180 for a free same-day consultation.
Trey Porter Law is located in downtown San Antonio in the historic Finesilver Building at 816 Camaron St., Suite 124, San Antonio, Texas 78212.

Reviewed by Trey Porter
San Antonio Public Intoxication Defense Attorney

Trey Porter defends Public Intoxication charges in San Antonio and across Bexar County, focusing on dismissal-driven strategy and protecting records and reputations. With 15 years of experience working in these courtrooms, he is a member of the National College for DUI Defense, the Texas Criminal Defense Lawyers Association, and the San Antonio Criminal Defense Lawyers Association.

This page was reviewed for legal accuracy for San Antonio and Bexar County, and for nearby Hill Country handling in New Braunfels in Comal County and Fredericksburg in Gillespie County, including Municipal Court and Justice of the Peace court practice, in January 2026.

HOW SERIOUS IS A PUBLIC INTOXICATION CHARGE?

Public Intoxication is a serious criminal misdemeanor in Texas. It is a Class C misdemeanor under Texas Penal Code § 49.02. The law defines Public Intoxication as:

“… appearing in a public place while intoxicated to the degree that the person may endanger the person or another.”

A case can involve court dates, deadlines, and court-ordered conditions like alcohol education, counseling, classes, or community service.

Beyond court penalties, the real risk is exposure. Employers often require disclosure of Public Intoxication charges, and the consequences can be especially severe for licensed professionals — including nurses, doctors, and teachers — where licensing and reporting rules may apply.

DO YOU HAVE TO GO TO COURT FOR A PUBLIC INTOXICATION CHARGE?

Yes – but counsel can often appear on your behalf. Public Intoxication cases often involve multiple settings, each of which can last several hours. That time commitment can be especially burdensome for people arrested while traveling or living out of town.

Where the incident occurred determines which court handles the case. Public Intoxication cases are commonly filed in:

Municipal Courts – city cases.
Justice of the Peace Courts – certain cases based on county jurisdiction.

Public Intoxication arrests at San Antonio International Airport are typically handled in the San Antonio Municipal Court.

At the first court date, the judge addresses the charge, deadlines, and potential resolution paths. Missing court can result in a warrant for Failure to Appear, which makes getting a dismissal even harder.

Trey Porter Law has extensive experience handling Public Intoxication cases in local municipal courts and justice courts across San Antonio and the Hill Country. We work to minimize disruption while positioning cases for dismissal.

WHAT ARE THE PENALTIES FOR PUBLIC INTOXICATION IN TEXAS?

The statutory penalties for Public Intoxication are limited, but the consequences can be long-lasting. A case can involve a fine of up to $500, court costs, and court-ordered requirements like alcohol education classes, counseling, and community service.

The real cost is the criminal record. A Public Intoxication conviction can:

Show up on employment background checks.
Create problems for professional licenses and licensing boards.
Affect housing and school applications.
Force you to explain a criminal charge long after the incident.

Public Intoxication charges become a part of the permanent record unless the charge is dismissed in a way that avoids conviction, and you take proactive steps to expunge it at a later date.

CAN A PUBLIC INTOXICATION CHARGE BE DISMISSED?

Yes — Public Intoxication charges can be dismissed. But dismissals don’t happen just because someone doesn’t have a criminal record. The goal is to resolve the case without a conviction and preserve the cleanest path to expunction so you can come back later and delete the arrest and court records.

The four best Public Intoxication resolution scenarios are:

Dismissal for a technical or legal issue
Dismissal after completion of a pretrial diversion program
Dismissal after deferred disposition
Acquittal after trial

Those outcomes avoid a conviction and set the case up for expunction so you can pursue clearing the entire record in a later, separate court proceeding.

In San Antonio Municipal Court and the Bexar County Justice of the Peace courts, Trey Porter Law’s goal is simple: get the case dismissed and preserve the strongest path to expunction later.

WHAT ARE THE BEST DEFENSE STRATEGIES FOR A PUBLIC INTOXICATION CHARGE?

The most effective defense strategy in a Public Intoxication case is experienced legal representation that focuses on dismissal that preserves expunction eligibility.

Public Intoxication cases are highly subjective and often turn on brief officer observations rather than scientific testing. Effective defense focuses on whether the State can actually prove the required elements of the charge.

Legal issues in Public Intoxication cases include:

Whether the officer’s observations reliably establish intoxication.
Whether there was real danger to the person or others.
Whether the location legally qualifies as a public place.
Whether body-camera footage supports what was written in the report.

Challenging the evidence puts the defense in a position of strength. For over a decade, Trey Porter has built a reputation in courts across San Antonio and the Hill Country for pressure-testing body-camera footage, probable cause for arrest, and the actual evidence supporting Public Intoxication charges.

DOES A PUBLIC INTOXICATION CHARGE SHOW UP ON A BACKGROUND CHECK?

Yes. Public Intoxication arrests, pending cases, dismissed cases, and convictions can appear on background checks until the record is deleted through expungement or sealed through an order of nondisclosure.

Because Public Intoxication is an alcohol-related criminal offense, it affects:

Employment offers and promotions
Professional licenses and licensing boards
Military service and security clearances
Internships and early-career opportunities
Security-sensitive positions

In competitive job markets a criminal record, even if seemingly small, can be a roadblock to success. For young adults under 21 years old, underage drinking offenses like Public Intoxication can negatively impact college admissions and scholarship funds.

HOW DO YOU GET A PUBLIC INTOXICATION CHARGE OFF YOUR RECORD IN TEXAS?

Expunction. Expungement is the clearest path to completely removing a Public Intoxication arrest and case records in Texas. An expunction deletes the arrest records, including mugshots, as well as the court’s records.

Eligibility depends on how the case ends and whether the legal requirements are met. For dismissed charges, expunction eligibility is unlocked after the required statutory waiting period ends.

Trey Porter Law has significant experience expunging Public Intoxication records in Bexar, Comal, and Gillespie counties.

CAN YOU EXPUNGE A PUBLIC INTOXICATION CHARGE?

Yes. You can expunge a Public Intoxication charge if the case did not end in a conviction. Pursuant to Texas Code of Criminal Procedure Chapter 55, Public Intoxication is one of the crimes that can be expunged in Texas.

It’s important to note that simply getting a dismissal doesn’t erase the record. Dismissal is just the first step towards a clean record. Expungement is a totally separate legal proceeding that you have to proactively pursue once the statute of limitations and any required waiting period have elapsed.

This is a sensitive issue for our professional clients, particularly those subject to the authority of Texas licensing boards like nurses, doctors, teachers, real estate agents, and engineers.

Read Trey Porter’s article Can You Be a Nurse With a Criminal Record?
Read the firm’s guide about the impact of criminal charges on Real Estate Agents.

PUBLIC INTOXICATION DEFENSE IN SAN ANTONIO & THE TEXAS HILL COUNTRY

Trey Porter Law represents people charged with Public Intoxication throughout San Antonio and the Hill Country. While the law is the same statewide, outcomes often depend on the court, the city, and how the case is handled locally. Working with experienced Public Intoxication lawyers who understand these differences matters.

From out-of-town visitors on the River Walk, to winery weekends in Fredericksburg, to military personnel on leave and students arrested after coming off the river, Trey Porter Law has deep experience defending Public Intoxication cases across Bexar, Gillespie, and Comal counties.

SAN ANTONIO PUBLIC INTOXICATION ATTORNEYS

Trey Porter Law represents people charged with Public Intoxication in San Antonio and throughout Bexar County, from Stone Oak to Southtown. The firm has extensive experience handling cases in San Antonio Municipal Court downtown and across all four Bexar County Justice of the Peace courts, with a practical understanding of how these cases are processed and what it takes to get a dismissal.

The firm’s San Antonio Public Intoxication lawyers regularly represents professionals, including doctors and nurses working in and around the Medical Center, and is well-versed in the licensing and reporting concerns that often accompany alcohol-related charges. Trey Porter Law also represents service members from Joint Base San Antonio, students from the city’s colleges and universities, and out-of-town visitors who need the case handled efficiently and discreetly.

No matter where you were arrested in the city, from the Pearl and St. Mary’s Strip to the South Side or near campus at UTSA, we understand how SAPD handles these cases, and how to fight them in court.

We know the judges, prosecutors, and court staff that move these cases, and we use that experience to give our clients a real advantage in protecting their record and reputation.

NEW BRAUNFELS PUBLIC INTOXICATION LAWYERS

Trey Porter Law defends Public Intoxication charges in New Braunfels and throughout Comal County. The firm has extensive experience handling cases in New Braunfels Municipal Court and across Comal County’s Justice of the Peace courts, with a practical understanding of how these cases are processed and what it takes to get a dismissal.

The firm regularly represents locals, out-of-town visitors, and professionals arrested after river weekends, Schlitterbahn trips, and of course during Wurstfest — when alcohol-related arrests for DWI, Open Container, and Public Intoxication increase in New Braunfels and along I-35.

The New Braunfels Public Intoxication lawyers at Trey Porter Law focus on two things: getting the case dismissed and preserving the strongest possible path to clearing the record.

FREDERICKSBURG PUBLIC INTOXICATION LAWYERS

Fredericksburg’s wine tourism and restaurant scene generate a high number of Public Intoxication cases involving professionals and travelers from outside the area.

Trey Porter Law represents clients in Fredericksburg Municipal Court and local Justice of the Peace courts, focusing on clean resolutions that protect reputations and future opportunities.

Most Fredericksburg clients have no prior criminal history and live outside Gillespie County. We leverage our years of experience and local insights to manage quality of life, minimize disruption, and close cases efficiently — always prioritizing dismissals and clear records.

WHAT SHOULD YOU DO AFTER A PUBLIC INTOXICATION ARREST IN SAN ANTONIO?

Act quickly. Hire a lawyer. Focus on getting the case dismissed.

Texas Public Intoxication laws are nuanced. An arrest or simple citation creates a criminal record immediately — even before the first court date. The most important first steps are:

Do not pay the fine online or over the phone without understanding the consequences
Hire an experienced Public Intoxication lawyer who focuses on dismissals
Confirm no additional charges were filed
Do not miss court dates or deadlines

If you’ve already paid the fine, there is a very small window of time to try and undo the damage. Our team has experience in all facets of Public Intoxication law. If you’re in this situation, reach out today and we’ll give you an honest assessment of your options.

WHY CHOOSE TREY PORTER LAW FOR A PUBLIC INTOXICATION CHARGE?

Clients choose Trey Porter Law because the firm focuses on outcomes that protect futures. With more than 40 years of courtroom experience and 700+ five-star reviews from clients facing Public Intoxication and other criminal charges, the firm brings disciplined case strategy, clear communication, and a consistent dismissal-focused approach to every case.

Just as important, each case is handled with the big picture in mind — resolving charges in a way that preserves the strongest possible path to clearing the record when the law allows.

If you’ve been arrested or cited for Public Intoxication in San Antonio, New Braunfels, or Fredericksburg, call us at 210-673-1180 or submit a form for a free, same-day consultation to discuss your options and a strategic way forward.

San Antonio Criminal Defense and Record Clearing

In San Antonio and nearby communities including New Braunfels and Fredericksburg, Trey Porter Law handles Public Intoxication, DWI, and Expungement.

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Client Reviews

K. Walters

Mr. Porter is an exceptional lawyer. He is passionate about the law but he also fiercely advocates for his clients. He treats everyone with the dignity and respect that they deserve regardless of the situation. I wouldn’t trust anyone else to fight for me.

J. Cammack

Best attorney to deal with. They got my a good deal on my case and any questions or concerns I had they always got back with me. Even after my case was settled they have not let me down they still answer all text or calls.

D. Lopez

Mr. Porter was exceptional! He answered all my questions, was thorough throughout my case. Really pushed to go above and beyond to get us the results we were needing. Excellent professional service and as a professional I can definitely say I recommend him.

Get In Touch

Trey Porter Law
816 Camaron St Suite 124

San Antonio, TX 78212

Phone: (210) 673-1180