Texas Public Intoxication Laws

Despite Texas’ “bad reputation” for previously allowing open alcohol containers in vehicles, public Intoxication is indeed a crime in the Lone Star State. In this article, we discuss the Class C misdemeanor charge of Public Intoxication as well as related alcohol crimes. If you are arrested for Public Intoxication, immediately consult with a San Marcos criminal defense attorney.

Public Intoxication

For someone to be cited for Public Intoxication in Texas, the person must appear in a public place while intoxicated enough to potentially cause harm to others. Intoxication for medical purposes, such as gas from the dentist or heavy painkillers for terminal cancer patients, does not apply.

To be clear, public places are considered to be locations that the public has access to such as stores, bars, sports facilities, restaurants, hospitals, churches, sidewalks, parks, malls, offices, parking garages, and so on. The fine for Public Intoxication can be up to $500. Yes, you can be arrested for Public Intoxication—you will be put in a “drunk tank” until you sober up.

Consuming alcohol in public or smelling alcohol in public is not enough to be cited for Public Intoxication—you must be inebriated enough that a peace officer feels you are a danger to yourself or others. To merit a citation for Public Intoxication, you generally need to be passed out, barely able to stand or walk, speaking with a slur, urinating on yourself, or acting excessively rowdy.

Possession of Alcoholic Beverage in a Motor Vehicle

Another crime related to Public Intoxication is possessing alcohol in a vehicle. The law states that having an open container of beer, wine, or liquor in the seating area of a car, whether the car is in motion or not, is illegal. It is acceptable to transport sealed containers of alcohol in the passenger area or to have open containers in the trunk or glove box. There are special rules for taxis and RVs. Each individual bottle, can, or cup of alcohol in the vehicle is a separate offense of this misdemeanor.

Operating Heavy Machinery While Intoxicated

Another law you are no doubt already familiar with is Driving While Intoxicated. It’s important, however, to understand that the Texas penal code also criminalizes:

• Driving While Intoxicated with Child Passenger (Texas Penal Code § 49.045)
• Flying While Intoxicated (Texas Penal Code § 49.05)
• Boating While Intoxicated (Texas Penal Code § 49.06)
• Assembling or Operating an Amusement Ride While Intoxicated (Texas Penal Code § 49.065)
• Intoxication Assault (Texas Penal Code § 49.07)
• Intoxication Manslaughter (Texas Penal Code § 49.08)
• Possession of Alcohol by a Minor (Alcoholic Beverage Code, Title 4, § 106)

It’s important to note that while assaulting or killing someone with your vehicle while under the influence is specified by law (§ 49.07 and 49.08), there are other alcohol-related crimes not spelled out in the penal code. For example, bar fights fall under the assault statute, which is not related specifically to alcohol.

We Are Your San Marcos Criminal Defense Lawyers

You have rights! Mendoza Law Firm is a knowledgeable and compassionate San Marcos, Texas, criminal defense attorney service standing by to help you 24 hours a day. We handle cases ranging from class C misdemeanors to capital offenses. Contact our offices now to speak with one of our attorneys.