Comments on Definition of Public Intoxication - Texas Penal Code Section 49.02 | Austin DWI Lawyer

cynthia.silva@sbcglobal.net (cynthia) — Sun, 30 Sep 2007 00:17:07 -0600

Is it public intoxication if I was on a private patio where I co-habitat with my boyfriend. I had a few drinks earlier in the day, but I was not inibreated. I was in an argument with my boyfriend and was banging on the door and shouting at him to let me in so that I can get my things. Neighbors could hear me and called the police. The office asked my to leave and I wouldn't. He pulled me out of the patio and arrested me and charged me with assault and public intoxication. I believe the officer was wrong in chargin me with public intoxication because I was on a private patio of where I co-habitat with my boyfriend. The assault charge is bogus because I assaulted no one. I sat in jail for about 24 hours. I have court on Oct 4, 2007. I will plead not guilty because the state has no evidence that I was actually intoxicated at all. The slip on where I am being charged with assault has no person's name on it as to who I assaulted. I will plead not guilty to this also. Nobody was named as the victim of my assault and like I said I assaulted no one. I believe the office just wanted to make sure that I suffered and wanted to make my life hell because I refused to obey his orders to leave the premises. What do you think of all this. Could I get the public intoxication charge thrown out or dismissed? The state has the burden of proof to prove that I was intoxicated. I may have been loud and angry that night and the officer probably should of just charged me with disturbing the peace, but he should have not charged me with what he did. Is a private patio of a townhome a public place?

cynthia.silva@sbcglobal.net (cynthia) — Sun, 30 Sep 2007 00:19:24 -0600

biltilk@verizon.net (Bill Tilk) — Thu, 10 Jan 2008 08:45:03 -0600

My step daughter was pulled over by Southlake Police suspected DWI. She passed a sobriety test but refused to take further tests. She was arrested and went to jail. Her boyfriend, a passenger, had been drinking and decided not to drive. Police told him to get out of the vehicle and then was arrested for public intoxication. He did nothing to provoke the situation. I think his civil liberties were violated. In a hearing, the prosecuter basically said they really didn't have anything on him and offered to return $100 of the $325 he was forced to pay and put him on probation for 6 months. He decided to go to trial with a jury. What do you think?

breesebreesebreese@yahoo.com (Brenda) — Mon, 16 Jun 2008 13:39:33 -0600

Cynihia,
I am in Texas and the same thing happened to me. I to will be fighting this charge. I was not loud, or bothering anyone. My adult kids hate that I have a few beers from time to time and were harassing me. They are the ones that created this mess. Yjru should have been charged with harassment and assust because they took my money and cell phone and would not give it back to me. They were wrong and I have disowned them because of what they have done.

breesebreesebreese@yahoo.com (Brenda) — Mon, 16 Jun 2008 13:40:10 -0600

morpheusgrant@gmail.com (drmorpheus) — Mon, 14 Dec 2009 02:02:11 -0600

Hey,

I am a European exchange student who spent a semester in Texas. I got arrested for public intoxication although I was not even drunk. My problem is that my court meeting would be in like two weeks but I am leaving Texas hopefully forever (sorry for that statement but for a European texas is a prison). Consequently, since I am leaving in a couple of weeks I will not be able to show up at the court. Do you know what will happen to me in that case? I could really use some advice

jamesrduolphwright@yahoo.com (James) — Sat, 09 Jan 2010 08:03:15 -0600

I was at a Hotel in downtown Houston, after a KISS concert. It was time to head to the room and I simply asked the bartender for a bottled water for my wife. Well needless to say we got into a disagreement and then I went to management in the Hotel (the HILTON) and they were unwilling to give me water---we had 2 rooms at a cost of $300 a night. Police were in the lobby and came over to see what the problem was--one office was real nice the other an ASS. I was told to go to my room (now keep in mind I was not falling over myself drunk) and I simply stated "this is a free country and that I don't have to do anything" now I will admit at that point I was being stubborn but not causing a scene. I was frustrated with the poor service--the ASS took me outside and placed me in the car--I asked for a breath test to prove I wasn't drunk--it was denied multiple times---I finally said either charge me or let me out of the car---well I spent 14 hours in a city jail.

Is the Hotel Lobby a public place?
Can I argue the fact I didnt get a breath test?
I am pleading not guilty--the only thing I am guilty of is being stuborn and the last time I checked that wasnt against the law.

harpua1954@sbcglobal.net (Giovanni) — Wed, 17 Feb 2010 17:20:30 -0600

I found a blog run by a police union in San Jose that's been very vocal about the subject of public intoxication.

Check out this interesting opinion piece that appeared not long ago:

http://protectsanjose.com/blogs/4-guest-bloggers/171-the-unfortunate-truth

TheJourdanGroup@aol.com (Eugene Boze) — Sat, 09 Apr 2011 14:16:09 -0600

How does a police officer proves that a person is indeed guilty of public intoxication?

charliemoney3@aol.com (Carlos Leal) — Tue, 26 Apr 2011 22:50:12 -0600

A common error in the offense of Public
Intoxication is the belief that it is enough to "be under the influence" or
merely inebriated to convict;Not So .
The fact of the matter is that Public
Intoxication requires a substantially
higher level of insobriety as compare to
that of being under the influence for the purpose of DWI. Simply being above the State maximum limit of .08 blood alcohol level is NOT Enough to be convicted of Intoxication or Drunk in Public.The key phrase in the Texas Penal Code,sec.49.02 is "...to the degree that the person may endanger the person or another". In the absense of Objective chemical test evidence such as blood tests, urine tests, or breath alcohol test, I can't see how a Texas Court could convict anyone for PI or drunk in Public. Most of the time it's a popular pretext of the Police Officers to arrest. It is wrong and the Lawyers or State Bar should make the offense of PI more clear.

rockstarlife@gmail.com (Blake) — Wed, 25 May 2011 11:47:15 -0600

I was arrested for both DUI and Public intoxication. Can they do that?