Public Intoxication

Austin Public Intoxication Lawyer

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Texas Statute Concerning Public Intoxication :
The following is an excerpt from the Public Intoxication Statute of Texas:

Under 49.02 "Public Intoxication" the phrase "Public Intoxication" means:

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.

"Intoxicated" is defined as: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
An offense under this section is a Class C Misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor.

Austin Public Intoxication Lawyer

Call (512) 335-5245

Minor Convicted of Public Intoxication

A Minor Convicted of Public Intoxication faces an administrative penalty against his drivers license on top of the Criminal Public Intoxication charge.  According to the Texas Alcohol Beverage code chapter 106 "Individuals under 21 years of age, which are convicted of the following offenses, will receive a 30 day suspension of their driver's license. The 30 day suspension applies to the first conviction for the offense. If a minor under the age of 21 is convicted twice of public intoxication or any of the other named offenses then the minors drivers license will be suspended for 60 days. If the minor is convicted a third time for one of the named offenses including public intoxication then the minors drivers license will be suspended for 180 days. 

The offenses that trigger the "added administrative penalty" are

1. Purchase of alcohol

2. Attempt to purchase alcohol

3. Consumption of Alcohol

4. Possession of alcohol

5. Misrepresentation of age

6. Public Intoxication by a minor

On top of the administrative penalty minors under the age of 21 (convicted of public intoxication or one of the other above named offenses) will be required to attend an Alcohol Awareness Course. 

If a minor convicted of public intoxication or any of the above named courses fails to take this Alcohol Awareness Course the minor's drivers license will be suspended for 180 days. Subsequent offenses may result in a one year driver's license suspension. 

Public Intoxication Lawyer Austin TEXAS

Call (512) 335-5245