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What constitutes public intoxication in Texas?

On Behalf of | Aug 17, 2023 | Criminal Defense |

When many people think of public intoxication, they envision someone who is being very aggressive and who is otherwise causing problems. While it is generally not a crime to simply have alcohol in your system in public, there are several factors that may cause someone to fall under the charge of public intoxication in the eyes of the law.

What are some of the things that constitute public intoxication in Texas?

Excessive rowdiness

Many people become more jovial and boisterous after they have had a few drinks. This may be okay in a private setting, but when someone becomes excessively rowdy in public when they have alcohol in their system, that may constitute public intoxication. What an officer considers to be excessive rowdiness can depend on the specific situation. For instance, a person may consider someone singing loudly at a bar to be less of a nuisance than someone signing loudly on a quiet residential street in the middle of the night.

Potential to endanger the public

Members of law enforcement are also likely to consider the likelihood of someone endangering the public when considering a public intoxication charge. Someone who is stumbling into the street or attempting to drive while intoxicated, for example, is more likely to endanger themselves and others than someone who is sitting quietly by themselves in an attempt to get sober.

Different people become intoxicated after varying numbers of drinks. It is important for people to know their limits when they are in a public space in order to avoid getting a public intoxication charge on their record.