If you’ve been caught drunk in public in Texas, you could be charged with Public Intoxication (PI). It’s not illegal to go for a walk after enjoying a few drinks—it’s safer to do this than drive. So then, what exactly is public intoxication?

In this article, we’ll tell you everything you need to know about PIs according to the Texas Penal Code, including the consequences and penalties. If you are facing Public Intoxication charges, it’s imperative that you contact an experienced defense attorney immediately to safeguard your freedom and future.

What Is Public Intoxication in Texas?

According to the Texas Penal Code § 49.02, it is an offense to appear in a public place if you are intoxicated to the point where you may pose a danger to yourself or others.

“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.”

Texas Penal Code § 49.02

This means it would not be against the law to walk home or meet friends in a public space after drinking, providing you’re in control—for example, you’re not falling over or trying to pick a fight with others.

Let’s take a closer look at what the law defines as a “public place”:

“Public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Texas Penal Code § 1.07. Definitions

It’s also not against the law to be wholly intoxicated as long as you remain on private property, such as your home. However, the Texas Penal Code § 49.02 does state the following:

“For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.”

Texas Penal Code § 49.02

This means that venues such as bars and some restaurants—though they may be privately owned—are still considered to be public places by this section of the law.

A Public Intoxication offense in Texas is a Class C misdemeanor. Aside from a permanent criminal record, the penalty for a Class C misdemeanor is a fine of up to $500. Though there’s usually no jail time involved, no one wants to have this criminal conviction on their record for the rest of their life.

During a Public Intoxication trial, if it is found that the defendant has three prior Class C misdemeanors relating to Public Intoxication, Disorderly Conduct, or a combination of the two, then the PI charge is enhanced to a Class B misdemeanor. The penalties include a fine of up to $2,000 and up to 180 days in jail.

Underage Public Intoxication

Underage Public Intoxication in Texas applies to minors under the legal drinking age of 21 who appear in a public place while intoxicated to the degree that they may cause injury to themselves or others.

Minors who violate Public Intoxication law will face the same consequences and penalties in the Alcoholic Beverage Code § 106.071. According to this, an alcohol-related offense by a minor is categorized as a Class C misdemeanor. If a minor has two prior alcohol-related convictions, the charge is enhanced to a Class B misdemeanor.

The penalties for underage PI are often quite severe, including a fine of between $250 and $2,000, possible jail time, community service, driver’s license suspension, and attending a mandatory alcohol or drug awareness program.

Penalties for Public Intoxication

First-time Public Intoxication Offense

If you are convicted of Public Intoxication for the first time, you will face a Class C misdemeanor. Penalties include:

•  A fine of up to $500 

Repeat or Habitual Offenders

If you have three prior Public Intoxication convictions, a fourth and consequent PI conviction will result in a Class B misdemeanor. Penalties include:

• A Fine of up to $2,000
• Up to 180 days in jail
• Both fine and jail time

Minors: First-Time Public Intoxication Offense

Minors who are found guilty of Public Intoxication face harsher punishment. For first-time offenders, PI will result in a Class C misdemeanor, and the following penalties will apply:

• A fine of up to $500
• Between 8 and 12 hours of community service (or between 20 and 40 for second alcohol-related offenses)
•  Suspension or denial of driver’s license for 30 days (or 60 days for second alcohol-related offenses)

Minors: Third-time and Consequent Public Intoxication Offense

A third alcohol-related offense by a minor will be treated as a Class B misdemeanor. The following penalties will apply:

•  A fine between $250 and $2,000
• Up to 180 days in jail
• Both fine and jail time
• Between 20 and 40 hours of community service
• Suspension or denial of driver’s license for 180 days

Collateral Consequences of Public Intoxication in Texas

A $500 fine may seem relatively harmless, but a Class C misdemeanor is still a criminal conviction that will remain on your record forever unless you get it dismissed. A criminal record, even a Class C misdemeanor, can negatively impact various aspects of daily life.

Aside from causing embarrassment, loss of rapport among friends, colleagues, and your community, which can lead to stress and anxiety, you can expect a conviction to lead to additional collateral consequences.

A criminal record can make obtaining certain professional licenses difficult, lead to disciplinary and professional license suspension, affect college admission, and make it harder to get employed.

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

If you are convicted of Public Intoxication, it will remain on your record permanently. If the charges are dismissed in court, a PI will become eligible for expunction—the process for removing the arrest and charges from your record.

Does a Public Intoxication Show on Background Check?

Both Class C and Class B misdemeanors are criminal convictions that will—if found guilty—remain on your record forever. This means that the conviction will appear every time someone runs a background check on you, whether it’s for a new job, property lease, loan, or something else.

Even if the case is dismissed, the arrest and Public Intoxication charges will still appear on your record unless they are expunged or sealed.

Can You Expunge a Public Intoxication in Texas?

Public Intoxication in Texas is only eligible for expunction if the criminal charges against you do not lead to a conviction. For example, if you can get the case dismissed or if the judge finds you not guilty.

For first-time Class C misdemeanors, you may be offered deferred adjudication. After successfully completing your term, you may be able to file for a “non-disclosure.” This process will seal your record, preventing the charges from appearing in public background checks—though they would still be visible to criminal justice agencies and some government entities.

Safeguard Your Future: Hire an Experienced Texas Attorney to Beat Public Intoxication Charge

A criminal conviction for Public Intoxication is a serious matter. Aside from severe consequences, this mark on your record can create problems for you in the future.

Getting arrested and charged is stressful and frightening, but if you fight it, it doesn’t have to result in a conviction. If you are facing Public Intoxication charges, it’s crucial that you seek help from an experienced defense lawyer with a track record of success. Time is of the essence. Call Michael & Associates today to arrange your free case review.