Public intoxication is the most commonly dismissed and most commonly mishandled charge in Harris County. It carries no jail time — but paying the fine is a conviction, and the arrest follows you on background checks unless it is expunged.
What the State Must Prove
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.
Two elements are often conflated. The State must prove both:
- Intoxication in a public place; and
- That the intoxication reached a degree creating potential danger to the accused or someone else.
Simply being drunk in public — even visibly so — does not satisfy the statute without the danger element. Officers frequently arrest on the first element alone, and the offense report often says nothing specific about danger at all.
A premises licensed or permitted under the Alcoholic Beverage Code is expressly a public place, so bars and clubs are covered.
Penalty
Public intoxication is a Class C misdemeanor — a fine of up to $500, with no confinement. A person younger than 21 is subject to the penalties for minors, which can include alcohol awareness classes, community service, and driver's license consequences.
Paying the fine is a plea of guilty or no contest and results in a conviction that generally cannot be expunged. A dismissal, by contrast, can be expunged and lawfully denied. The difference costs far more over a career than the $500.
Defenses
No danger. The most effective defense. If the report and body-camera video do not establish how the person might have endangered themselves or anyone else — especially where a sober friend was present and willing to drive — the element fails.
Not a public place. A private residence, a private yard, or a vehicle on private property may not qualify.
Not intoxicated. Fatigue, medical conditions, diabetic episodes, head injuries, and prescription medications are routinely mistaken for intoxication.
Medical defense. It is a defense that the alcohol or other substance was administered for therapeutic purposes as part of the person's professional medical treatment by a licensed physician.
Alternatives to arrest. The statute permits release to a responsible adult, and many PI arrests were avoidable — a point that matters to a prosecutor deciding whether to dismiss.
Related
- DWI — first offense · Houston DWI attorney
- Clearing your record: expunction
- Section 49.031 — Possession of an Alcoholic Beverage in a Motor Vehicle · DWI open container
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.