Public intoxication is also referred to as drunk and disorderly or public drunkenness. It can also be defined as intoxicated in public or drunk in a public place. This is monitored by both local law and state law. While public intoxication laws differ slightly from state to state, if an individual is found in a public place, and willingly becomes or appears to be literally intoxicated and is acting in a way that endangers himself or those around him, it’s generally enough to be charged with public intoxication.
Doing things such as blocking public walkways, while clearly intoxicated, can also provoke the exact same charge. While in some areas, simply being annoying to other individuals while intoxicated is grounds for a public intoxication charge.
These charges are not limited to individuals under the influence of alcohol, but also those under the influence of drugs or prescription medication including over-the-counter medication also be charged with public intoxication.
Unlike a DUI charge, this one does not require you to have specific levels of intoxication in order to attain a conviction. Simply appearing to be visibly intoxicated is enough to charge you. However, if you are arrested for public intoxication, you can fight the charge by using several public intoxication defenses.
The first one is the voluntariness of intoxication or in other words in order to be convicted of this crime, you must have ingested the alcohol or drugs willfully or voluntarily. However, if you claim to have been unknowingly drugged or otherwise involuntarily ingested drugs or alcohol, this is a complete defense to the charge of public intoxication.
While laws may vary from one state to the other, simply being found drunk in a public place is not illegal. Lots of adults have alcoholic beverages and tend to get drunk in restaurants, clubs, and bars. However, in order to be charged for this, they need to prove that you are putting yourself or someone else at risk or in danger.
Alternatively, if you are infringing on someone else’s rights, then this is grounds to be charged. If you can prove that your behavior did not meet the necessary level to be arrested for public intoxication, you can use this as a defense. If you are still wondering how to beat a public intoxication charge in Texas, you could benefit from hiring a Tarrant County criminal defense attorney to represent you.