San Antonio Public Intoxication Lawyer

Public Intoxication is a serious criminal charge in San Antonio. A PI charge is more than just a ticket. Public Intoxication is a Class C misdemeanor in Texas. A Public Intoxication conviction negatively impacts college admissions, security clearances, and professional licenses. Learn more.

SAN ANTONIO PUBLIC INTOXICATION LAWYER

GET YOUR PUBLIC INTOXICATION CHARGE DISMISSED IN SAN ANTONIO

Results matter when your livelihood and reputation are on the line. Public Intoxication laws in Bexar County are vague and subjective, making it easy for prosecutors to get convictions. This is where a powerful defense can make a difference.

Trey Porter Law has a track record of winning dismissals in the toughest cases. Every situation is different, but an aggressive, exhaustive approach yields the best overall result in every case, every time. TPL works hard for dismissals in Public Intoxication cases across Texas. Learn more. 

  • Can Public Intoxication be dismissed in San Antonio? Yes, a Public Intoxication dismissal in San Antonio is possible. Dismissal is often best reached by challenging the State’s evidence. Probable cause must be established to charge a person with Public Intoxication, and a prosecutor must use those elements to meet the burden of proving the allegation beyond a reasonable doubt. Learn more.
  • What to do after a Public Intoxication charge in San Antonio? Exercising the Sixth Amendment right to counsel is the first step to take after a PI charge. A dynamic defense is the best chance at getting the best result. Learn more. 

WHAT IS PUBLIC INTOXICATION IN SAN ANTONIO?

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In San Antonio, Texas it’s against the law to be in a public place – or a private place, the public can easily access – while intoxicated to the point of endangering oneself or another. The Texas Penal Code defines Public Intoxication in chapter 49.02:

Tex. Penal Code § 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.

(d) An offense under this section is not a lesser included offense under Section 49.04.

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. 

HOW SERIOUS IS A PUBLIC INTOXICATION CHARGE IN SAN ANTONIO?

Public Intoxication charges are very serious in San Antonio. Many people charged with PI have never been arrested or prosecuted before. One mistake or misunderstanding can turn into a permanent criminal conviction. Criminal records are public records. Learn more.

Public intoxication Lawyer San Antonio

  • Do I need an attorney for Public Intoxication? Yes – it is critical for everyone charged with PI to hire an attorney to both protect and assert their rights. Learn more.
  • Is Public Intoxication a crime in San Antonio? Yes, Public Intoxication is a crime in San Antonio and throughout Bexar County. Public Intoxication is prohibited everywhere from the Riverwalk to UTSA campus, and all the bars in between. Learn more.
  • Is Public Intoxication a violation of probation? Yes, a Public Intoxication charge is a violation of any probation in Texas. Probation violations can result in Motions to Revoke or Motions to Adjudicate, and should be handled very carefully. Learn more.

SAN ANTONIO PUBLIC INTOXICATION ATTORNEY | BEXAR COUNTY, TEXAS

Trey Porter is a Texas SuperLawyer, nationally recognized as a dynamic advocate in Criminal Defense. Rated as the Best DWI lawyer in San Antonio, Mr. Porter has been recognized locally by his peers, and nationwide by the National Trial Lawyers Association as a top Criminal Defense Lawyer. Most importantly, clients have awarded Mr. Porter a Superb rating on AVVO, where attorneys are rated based on skillful litigation, client satisfaction, and positive results. Learn more.

SAN ANTONIO PUBLIC INTOXICATION CONSEQUENCES

Public Intoxication charges come with serious consequences in San Antonio. Most people arrested in San Antonio for Public Intoxication are taken to the San Antonio Police Department Magistrate where they appear before a judge and remain for hours before release. 

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  • How much is bail for Public Intoxication in Bexar County? Bail for Public Intoxication charges is routinely set at $500 or less. In San Antonio, most individuals charged with PI are released with a simple promise to appear and are not required to post bail. Failure to appear in-person, in court, results in an arrest warrant and an additional criminal charge of Failure to Appear. Learn more.

  • How long can you be held for Public Intoxication in San Antonio? Typically, a person will be released within 48 hours of being arrested for Public Intoxication. Repeat offenders can receive a jail sentence of up to 180 days. Learn more. 
  • Will I go to jail for a Public Intoxication Case in San Antonio? No. Jail is not a possible punishment for first-offense Public Intoxication. PI is only punishable by court costs, fine, community service, and court-ordered classes. Public Intoxication is a criminal misdemeanor in Texas, however, and Class C misdemeanors are criminal charges, and a conviction results in permanent, criminal conviction discoverable on every background check, forever. Learn more.

DOES PUBLIC INTOXICATION CHARGE SHOW ON BACKGROUND CHECK?

Yes, Public Intoxication charges appear on all background checks. The only way to prevent a Public Intoxication charge from appearing on background checks is through expungement. Learn more.

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  • How long does a Public Intoxication stay on your record in Texas? Forever. Simply paying the fine for PI to avoid court results in a permanent conviction. Public Intoxication convictions are criminal convictions, and criminal convictions are permanent in Texas. Learn more.

  • Will a Public Intoxication affect employment in San Antonio? Yes, Public Intoxication charges negatively impact employment. Public Intoxication is a crime in Texas, and criminal history can be detrimental for professional advancement. Professionals, especially nurses, must take great care to avoid convictions for PI. Learn more. 

CAN YOU EXPUNGE A PUBLIC INTOXICATION FROM SAN ANTONIO?

No. Public Intoxication convictions are not eligible for expunction under Chapter 55 of the Texas Code of Criminal Procedure.The only way to expunge a Public Intoxication charge is by avoiding a conviction. This can be achieved through an acquittal (winning a jury trial) or dismissal. Learn more.

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  • Does Public Intoxication go on your record? Yes, all Public Intoxication charges go on the criminal record. Even if dismissed, the record will remain forever. There’s no period of time in Texas in which it “falls off” or is removed. Learn more.

  • How to get a Public Intoxication charge off your record? The legal process of expunction, as outlined in Texas Code of Criminal Procedure Chapter 55, is the only way to get a Public Intoxication Charge off your record. Start now.

PUBLIC INTOXICATION UNDER 21 IN SAN ANTONIO

Minors can be charged with Public Intoxicationin San Antonio, Texas. Additionally, minors can be charged with the crimes of Minor in Possession, Minor in Consumption, and Driving Under the Influence – or DUI in San Antonio. Minors are subject to a different set of legal procedures and penalties, outlined in the Texas Alcoholic Beverage Code Section 106.071. Minors face a driver’s license suspension, fines, community service, and in some instances up to 180 days. Learn more. 

CAN YOU DRINK IN PUBLIC IN SAN ANTONIO?

It is legal to drink publicly in many parts of San Antonio – including the Riverwalk. When drinking in the Alamo City it is important to be mindful of alcohol laws, including laws governing open containers.

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  • Why is Public Intoxication a crime in San Antonio? Public Intoxication is prohibited in Texas to protect the citizenry from danger. Police must determine whether a person is a danger to themselves or others before charging for Public Intoxication. This well-intentioned public policy is often corrupted by police officers abusing their discretion. Learn more.
  • Arrested for Public Intoxication at the San Antonio International Airport (SAT) Public Intoxication is illegal at every airport in Texas. San Antonio is no different. Ticketed travelers that have passed security remain susceptible to arrest. A pending PI case means traveling back to San Antonio for multiple court appearances. Trey Porter Law works to relieve clients of the appearance requirement. Contact TPL. 

WHERE IS PUBLIC INTOXICATION LEGAL IN SAN ANTONIO?

Public Intoxication is illegal everywhere in San Antonio. There are no designated public places where Public Intoxication (as defined in Texas Penal Code Chapter 49) is allowed. Learn more.

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  • Can you get Public Intoxication in your car? Yes, you can be charged with Public Intoxication while in your motor vehicle in Texas. If the vehicle is turned on you can also be charged with DWI. Public Intoxication is a Class C misdemeanor. DWI is a Class B misdemeanor, but can be elevated to a Class A misdemeanor if a person has a blood alcohol concentration of 0.15 or higher. Learn more. 

  • Can you get a Public Intoxication on private property? Yes, you can be charged with Public Intoxication on private property that intersects with, or is near to, a public place in Texas. Learn more.

  • Can you get Public Intoxication on your property? Yes, you can be charged with Public Intoxication on your own private property if the arresting officer believes you are a danger to yourself or others. This determination depends on the distance your private property is from a public place. 

WHAT IS THE GROUNDS FOR PUBLIC INTOXICATION?

The evidence for a Public Intoxication charge has to show that a person was intoxicated to the point of posing a danger to themselves or others in a public place. This determination is entirely subjective, and based totally on police officers’ subjective opinions. Learn more.

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  • How do you prove Public Intoxication in San Antonio? Prosecutors rely exclusively on the testimony of police officers to prove Public Intoxication. Texas law does not require the State to present forensic evidence of a person’s blood alcohol concentration (BAC), therefore breath tests and blood tests are rarely used. In many PI cases, officers do not even perform sobriety tests.
  • Is intoxication a defense in Texas? No. Intoxication is not available as a defense to Public Intoxication under Texas law.

PUBLIC INTOXICATION DISMISSAL IN SAN ANTONIO

When facing a Public Intoxication charge, it is important to assert your rights,forcefully and immediately. This first action towards a dismissal is retaining an experienced, aggressive attorney. Learn more.

Don't just pay the fine, fight back against constitutional misdemeanors as a driver.

  • How to fight a Public Intoxication charge in San Antonio? Fighting a PI charge in San Antonio starts with an exhaustive review of all available evidence. Government mistakes can prevent evidence from being used at trial. Learn more.
  • How do you get out of a Public Intoxication charge? Hiring a lawyer to handle the case is the best way to get out of a PI charge. Trey Porter Law works to limit our clients’ involvement in court while we work to obtain a dismissal. Quality of life, limitations on disruption, and getting the best result possible are top priorities for TPL.
  • How to get a Public Intoxication charge dismissed in San Antonio? Challenging the evidence, while simultaneously working towards a resolution is the best way to obtain a dismissal in a San Antonio PI case. Trey Porter Law wins dismissals for clients in the toughest cases, with the toughest facts. Learn more. 

BEST PUBLIC INTOXICATION LAWYER IN SAN ANTONIO | BEXAR COUNTY, TEXAS

Trey Porter Law represents people facing  Public Intoxication & criminal charges in San Antonio and Bexar County, as well as the surrounding areas of Bandera, Boerne, Canyon Lake, Fredericksburg, Helotes, New Braunfels, Seguin, and San Marcos.

Informed decisions in the field of constitutional law make a difference.

Standing up for the citizen accused, from students to teachers, veterans to first responders, and professionals across varied industries and disciplines, TPL works hard to secure the absolute best result possible. 

PUBLIC INTOXICATION RESOURCES IN SAN ANTONIO, TEXAS

Access to information is important when dealing with a Public Intoxication charge in San Antonio, or any of the other cities in Bexar County, Texas. The following entities play a significant role in the San Antonio criminal justice system.

San Antonio Public Intoxication Lawyer FAQs; Knowledge is power. Get honest answers now.

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    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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