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.

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Comments on Texas Public Intoxication Law »

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?

Russ

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.

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