If you've been arrested or received a citation for public intoxication, there are a few things you should know.  First, p.i. is a class "C" misdemeanor, which means the penalty range for this offense includes a fine of up to $500.  No jail time can be imposed for public intoxication.  However, if you're convicted, the charge, as well as your arrest record, become a permanent addition to your criminal history.  You may be required to list this arrest on a job application.  As a result, potential employers may be reluctant to hire you.  For these reasons, it's important to hire an experienced attorney.  The attorneys at Berlof & Newton, P.C. have handled hundreds of public intoxication charges.  We can help you keep this case from appearing on your record, and assist you in expunging the arrest and charge so that neither appears on your criminal history.  Don't leave your fate to chance.  Call us at 214.827.2800, or contact one of our lawyers directly using the "Get Legal Help Now!" free consultation request form in the left margin of this web page.

Texas Penal Code Section 49.02.  PUBLIC INTOXICATION. (a) 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-1)  For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

(b)  It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.

(c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d)  An offense under this section is not a lesser included offense under Section 49.04.

(e)  An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

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