April 23, 2008
Texas Public Intoxication Law
Sec. 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.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.
Amended by: Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 25, eff. September 1, 2007.
Table of contents for DWI Texas Law
- Definitions for Texas DWI Law
- Texas Public Intoxication Law
- Texas Open Container Law
- Texas Driving While Intoxicated (Texas DWI)
- Texas Driving While Intoxicated (Texas DWI) with Child Passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or Operating Amusement Ride While Intoxicated
- Intoxication Assault
- Intoxication Manslaughter in Texas
- Enhanced Offenses and Penalties for a Texas DWI
- Legal Use of Drug or Alcohol No Defense to DWI in Texas
- Proof of Mental State (Intent) Not Necessary for DWI Conviction in Texas
- Intoxication Assault and Intoxication Manslaughter Don't Apply to Unborn Child if Committed by Mother
Filed under Austin DWI, Blog, DWI Law, Texas DWI by Tracy Robinson
Comments on Texas Public Intoxication Law »
I never recieved a breathalizer to prove that i was drunk do you think i have a case
so they have to use the breathelizer at the time of accusation?
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Interesting. Texas is kind of it's own state. I've never heard of alcohol being administered for theraputic use before but we elected these folks to put these laws into effect…
Only in the Great State of Texas!
I have recently received an enhanced PI charge. I had a McD's quarter pounder, fries, and a beer for lunch. Now about 3 years ago (2006) I had three PI's. Isn't there a statute of limitations on their being able to enhance a charge?
Russ
The Texas Public Intoxication Law is too vague. I really don't get it.