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(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.

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(d) An offense under this section is not a lesser included offense under Section 49.04.

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Comments on Halazepam For Sale Leave a Comment

December 3, 2008

Ethan @ 6:12 pm #

I never recieved a breathalizer to prove that i was drunk do you think i have a case

December 29, 2008

Paul from medical answering service @ 1:43 pm #

so they have to use the breathelizer at the time of accusation?

Pauls last blog post..Answering Services Specializing Sports Medicine

January 26, 2009

Salihu from hair vitamins @ 4:15 pm #

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…

Jeanne from scrapbooking photobook @ 4:16 pm #

Only in the Great State of Texas!

May 28, 2009

Russ @ 3:03 pm #

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?


June 7, 2009

Ricky from st louis mma @ 2:48 am #

The Texas Public Intoxication Law is too vague. I really don't get it.

July 8, 2009

nicole @ 8:23 am #

I have a question about these PI charges. If you are drunk and passed out in a car and the person driving gets stopped and goes to jail for a dwi, and the police have to beat you in the chest to wake you up and instantly cuff you then how is that a PI? so if you are drunk and even riding with someone and get pulled over they charge you with a PI? honestly I believe TEXAS LAWS SUCKS and they need to stop being so ignorant and deal with the real problems out there.

October 5, 2009

angela @ 12:47 pm #

a couple of friends and I went out for my birthday this weekend and knew we had way too much to drive so we found someone else. apparently they werent sober either bc we got stopped bc the driver was 3mph over the speed limit. the state trooper had been following us from the bar atleast 4 miles until he stopped us. the driver was asked to get out of the car and we never saw him again bc he was arrested. then the trooper gave everyone else in the car a p.i. how is this possible??? i was under the impression that my car is an extension of my home or does that only apply to firearms? if anyone can shed some light on this it would be amazing…i really dont know where to go from here!

November 16, 2009

Mustana from Texas Car Insurance @ 1:04 pm #

Being arrested for Public Intoxication is considered a Class C Misdemeanor. Depending on what your past criminal record looks like will determine what your sentence will be on your PI.

November 18, 2009

Chris from treatment programs @ 2:28 pm #

It is my opinion that more people should promote a healthy and alcohol/ drug free lifestyle.

Also, if someone is addicted to alcohol or a drug they should seek help from an addiction treatment center.

February 1, 2010

doug salter @ 12:31 pm #

what is the proof needed for a DA to prove PI in texas

February 10, 2010

scrapbook @ 1:09 am #

Texas Public Intoxication Law is too vague.

February 17, 2010

Giovanni @ 6:30 pm #

I found a blog run by a police union in San Jose, CA, that's been very vocal about the subject of public intoxication. Apparently, their laws are all screwed up out there and the police have been taking some heat from community groups.

Check out this interesting opinion piece that appeared not long ago:


April 2, 2010

Rommel from chicago limousine service @ 11:08 pm #

Great news. That make Texas much safer.

April 3, 2010

Martha from MSPB Attorney @ 1:07 pm #

thanks. All though I don't totally get it, but I'm glad I'm aware of it.

August 3, 2010

marry from California Bankruptcy @ 7:43 am #

Interesting blog. I like it.I suggest if anyone is alcoholic then he/she must go to the rehabilitation center.

September 24, 2010

Drew Baylor from mole removal @ 7:59 am #

It is vague and not defined clearly because the restrictions on how would they determine it is not even defined in this law

December 30, 2010

Texas is awesome. There is a totally different attitude there than you will find anywhere else in the U.S. The laws are totally different too.

February 17, 2011

Well done. I am thinking of some law that will state that no one must drive if he or she is under influence.

March 21, 2011

Hollembaek @ 1:25 pm #

@nicole: If you are drunk and passed as a passenger in a vehicle and your driver is drunk, you are not very bright. To answer your question though, if you had to be given a sternum rub to be awoken, would you prefer to be left on the nearest side walk? P.I. arrest in this case shows you are a danger to yourself as you can't be left alone safely. And yes a car is in the public if it is on a PUBLIC street or a PUBLIC park.

April 10, 2011

drunks suck @ 3:01 am #

drunks should be arrested and kept for 90 days minimum. they are a drain on society..it's not a disease..it a person with no self control who lives by excuses…

smokers suck too @ 3:03 am #

smokers also should be arrested and kept for 90 days minimum. they are a drain on society..it's not a right..it a person with no self control who lives by excuses…
i am tired of money being wasted on treating their self caused lung diseases..

April 20, 2011

Joey Perea @ 11:38 am #

After reading the various comments on this law, I guess my only question is what are you supposed to do when you have a little too much to drink at the bar? If you can still be charged for PI if your D.D. gets pulled over how is that justice?

June 7, 2011

@nicole: I've been doin lots of research on PI since I was arrested for it. I beat my case by the way. But though it is very unfortunate, yes, the officer can arrest you for public intoxication and you are the passenger in this situation.

Public Intoxication is when one appears in a public place and is intoxicated to the degree he or she is an endanger to others or themselves.

This is how a police officer would call it…

You said you were intoxicated in a public place on the public street or highway you all were driving on, with your buddy DUI. When the officer pulled your buddy over and found he/she was DUI, then if you was not kidnapped, or forced to ride with your buddy unwilling, (the same as kidnapped, I guess) and made the decision to ride with a person DUI, you endangered yourself.

Even if you were forced to ride with your buddy and by being placed in the veh because you were sleep already, that mean you were drunk, unaware, and oblivious of your well being which is an endanger in itself.

If the driver was sober, no way would you have been arrested for public intoxication. The officer would not have had any reason to feel that you were an endanger to yourself but the decision you made while intoxicated or the decision you were to intoxicated to make showed you were an endanger to yourself. That is reasonable.

And if a sober person was in the back seat he wouldn't have been able to arrest them because though they endangered themself, they weren't intoxicated to the point where they endangered themself.

June 14, 2011

Carlos A. Leal, Sr. @ 11:32 pm #

Under the Texas Penal Code,sec.49.02: That Piece of Law has clearly two parts that must be proven by the State in order to Convict someone for Public Intoxiction.

The first part is basicly easy to prove by a breathylize-test or chemical test such as a blood test. However, the confusion-state-wide IS: Between DWI law standards, which is (0.8 alcohol-level) to convict for Driving While Intoxicated, but clearly that is not "the same legal-standard for PI".

Under Section 49.02 the statue (the Law) states "…to the degree that the person may endanger the person or another." So what does that mean?

The Texas Legislature has never 'clearly define' that part.

A common error in the Municipal Courts in Texas is: That a person is Intoxicated in public merely on the belief that it is enough to " be under the influence" or " merely inebriated to convict. This is clearly ' Not So '.

The Fact of The Matter is, that Public Intoxication requires a substantially higher degree or level of insobriety as compare to that of being under the influence for the purpose of DWI (Driving While Intoxicated); there must be an Objective way of proof, that "a person is danger-to-Self or to Others". In the absence thereof, 'it's hard to believe how many poor innocent people' are paying up to $500/Fines plus several hundred dollars court cost. Of Course, those who "Pay" are the less able to pay; the Youth, the Poor and the Minorities. A shameful practice of the Cities and Municipalities around the State of Texas .

October 23, 2011

Henry Hagemeier @ 11:12 am #

I got a ticket for PI. The breathilizer, according to the ticket was 0.5. However, I talking and coherent, I'll admit I did have a quart of beer before going outside to walk it off and I tripped on a shoelace. And an officer saw this and asked me for the breathilizer.

I have read that most people that get 0.4 are dead or in a coma. I had a gash in my head so EMS took me to the hospital, and had a conversaiton with the EMS tech the whole way.

I'm wondering how the heck could I do all that with a 0.5 on the breathilizer?

December 13, 2011

Alexander @ 5:47 am #

i was acused of PI..the DA even told me its a bs law for cops to throw people in jail now i know there is no evidence what so ever and second i didnt even have a zip of my drink because of dumbass bouncer n bartender. now i went to court had mistrial because jurors got "scratched??" not sure if thats right word but all i need is to know what to say in order to keep enough of them for a trial and i think i can handle the rest for a dismissal

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