Texas takes public intoxication seriously. If you’re caught in public while visibly drunk and posing a danger to yourself or others, you could face fines and possible arrest. Understanding the law can help you avoid unnecessary consequences.
What qualifies as public intoxication?
State law defines public intoxication as being in a public place while under the influence of alcohol or drugs to the point of being a danger. This doesn’t mean you have to be causing problems—just appearing too impaired can lead to an arrest. Bars, streets, parks, and even restaurants count as public places under the law.
What are the penalties?
A public intoxication charge is a Class C misdemeanor. This means you could face a fine of up to $500. While there’s no jail time for adults, law enforcement can still take you into custody to prevent harm. Minors under 21 face additional penalties, including mandatory alcohol education classes and potential driver’s license suspension.
Can public intoxication affect your record?
Even though it’s a misdemeanor, a public intoxication charge can still appear on your record. Multiple offenses may lead to increased fines, a criminal record, and potential difficulties with employment or housing. In some cases, you may be eligible for deferred adjudication, which can help keep the charge off your record if certain conditions are met.
How can you avoid a public intoxication charge?
The best way to avoid a charge is to plan ahead. Use a rideshare service, call a friend, or stay with a trusted person if you’ve been drinking. Law enforcement has discretion in making arrests, so acting responsibly can make a difference.
Texas law aims to prevent harm rather than simply punish. Understanding your rights and making smart choices can help you steer clear of preventable legal issues.