Public Intoxication in Austin, Texas is categorized by the Texas Penal Code §49.02 as a Class C misdemeanor, punishable by a fine of up to $500. Repeat offenders can face a Class B misdemeanor and more severe penalties. 

Though these penalties may not seem daunting, it’s important to take them seriously. All misdemeanors in Texas result in a permanent criminal record that flags up whenever a background check is requested. Criminal convictions on your record can cause significant hardship when it comes to your career, schooling, and finances.

If you are facing PI charges, it’s imperative that you seek legal representation to make sure that your rights and freedom are protected.

What Is Public Intoxication in Texas?

According to chapter 49 of the Texas Penal Code, 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.”

A “public place” is defined as any place to which the public, or at least a large group of people, has access. It includes—but is not limited to—streets, highways, common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

If you have been charged with public intoxication for the first time, you can expect to face a Class C misdemeanor, which is punishable by a fine of up to $500. There’s no jail time for a Class C misdemeanor, but a conviction will permanently remain on your record.

For those who have a previous public intoxication conviction, getting convicted of a second PI offense would result in charges being elevated to a Class B misdemeanor. The consequences of a Class B misdemeanor include a fine of up to $2,000, and up to 180 days of jail time.  

How Long Does a Public Intoxication Stay on Your Record in Texas?

A conviction for public intoxication in Texas will remain on your record permanently. The only way to prevent this from happening is to fight against the charges and have them lowered or dismissed altogether.

A criminal record will make it more difficult to get employed, secure a loan, rent a property, and get into college.

Does a Public Intoxication Show on Background Check?

Most criminal charges will show up on a background check, even if they don’t lead to a conviction. Convictions will remain on a criminal record permanently. 

If the charges are dropped or dismissed, it is possible to have them expunged or sealed, though some 3rd party data sources may still have records of arrests or charges. Similarly, 

If you get deferred adjudication—which you complete successfully—it will be possible to have the charges removed from your criminal record.

Can You Expunge a Public Intoxication in Austin, Travis County?

Once a public intoxication charge is dismissed, it becomes eligible for expunction. Successful completion of deferred adjudication also makes the charges for PI eligible for expunction.

The charges will not automatically drop off your record, however—you need to apply for it. The process for expungement in Texas is complex, and any mistakes can lead to a longer waiting period before the charges can be cleared from your record. If you need help with expungement, you should seek help from a capable criminal defense lawyer in Texas.

The Best Strategy If You Are Charged with Public Intoxication in Austin

As tempting as it may be to just pay the fine, it is crucial that you do not do this if you are facing PI charges in Texas. Public intoxication results in a permanent criminal conviction.

A Class C misdemeanor on your record will show up on background checks when you go to apply for college, loans, and employment. It will be there as a barrier to many opportunities throughout your life, limiting your freedom and your rights.

If you are charged with public intoxication, the best strategy is to get in touch with an experienced criminal defense lawyer immediately. Your goal should be to have the charges dismissed.

If you can’t have the charges dismissed, you should fight for deferred adjudication. 

At Michael & Associates, we have over 50 years of experience in protecting the rights of our clients. Get a free case review today, and let’s start building your defense case!