Being charged with public intoxication in Texas can feel embarrassing and overwhelming.
While many people view this offense as minor, the consequences can follow you for years, affecting employment opportunities, educational prospects, and professional licensing.
At the Law Offices of Richard C. McConathy, we understand that everyone makes mistakes, and we’re here to protect your rights from a momentary lapse in judgment.
With over 35 years of experience, our criminal defense attorneys have successfully handled thousands of alcohol-related cases. Our proven track record of success includes numerous dismissals and charge reductions for public intoxication charges, helping clients avoid the long-term consequences of a permanent criminal conviction.
Facing criminal charges in Dallas? Contact our Dallas criminal defense lawyer to protect your rights and build a strong defense.
What Happens When You're Arrested for Public Intoxication in Texas
⚠️ Many public intoxication arrests are based on vague police observations, not actual danger—challenging these assumptions early can change the case’s trajectory.
Public intoxication is one of the most commonly arrested and prosecuted crimes in the state of Texas.
Under Texas Penal Code Section 49.02, public intoxication occurs when a person appears in a public place while intoxicated to the degree that they may endanger themselves or others.
On Friday nights, when restaurants, bars, and entertainment venues are closing and crowds are dispersing, police often use public intoxication charges as a “street sweeping measure” to clear out areas. If anyone gives officers problems, shows attitude, or talks back, they may find themselves in custody, even if their actual level of intoxication is questionable.
Texas law defines being “intoxicated” as not having the normal use of mental or physical faculties due to alcohol, controlled substances, or other substances.
Defending intoxication cases requires knowing both the legal and scientific aspects of how alcohol in their system affects individuals differently.
Many arrests happen not because someone is truly a danger to themselves or others, but due to subjective police observations during high-activity periods.
Defined by the Texas Penal Code, “intoxicated” means not having the normal use of mental and physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.
A person can also be considered intoxicated to the degree that constitutes a legal violation if they have a blood alcohol concentration of at least 0.08 grams per:
- 210 liters of breath
- 100 milliliters of blood
- 67 milliliters of urine
Per se intoxication means that if you have a legal blood alcohol concentration (BAC) at or above the legal limit of 0.08, you are automatically considered intoxicated under Texas law, regardless of your actual impairment level.
Carrying alcohol in your vehicle? Learn how Texas law treats open container violations and how they may impact related intoxication charges.
Under Texas law, a public place includes any licensed or permitted premise under the Texas Alcoholic Beverage Code. This encompasses:
- Grounds and buildings of licensed establishments
- Vehicles on the premises
- Any additions pertaining to the grounds
- Adjacent areas under the control of the same person licensed to sell alcohol
- Streets, sidewalks, and parks
- Parking lots open to the public
- Retail establishments
Public intoxication is not considered a lesser included offense for driving while intoxicated (DWI). This means if you’re charged with a crime like DWI but prosecutors cannot prove all elements of that offense, your charges cannot automatically be reduced to a public intoxication charge.
The difference between DUI and DWI: While DWI applies to operating a vehicle, public intoxication occurs when someone is publicly intoxicated in any public setting without driving involvement.
For a detailed breakdown of how DWI charges vary, read about the different types of DWI in Texas.
Penalties for Public Intoxication in Texas
Public intoxication is typically classified as a Class C misdemeanor, punishable by:
- Fine up to $500
- No jail time for first offense
- Permanent criminal record
Under Texas Penal Code Section 12.43, if you have three or more prior convictions for public intoxication and disorderly conduct within the preceding 24 months, the charge escalates to a Class B misdemeanor:
| Penalty Type | Class C Misdemeanor | Class B Misdemeanor |
|---|---|---|
| Fine | Up to $500 | Up to $2,000 |
| Jail Time | None | Up to 180 days |
| Criminal Record | Yes | Yes |
This enhanced penalty can result in a jail sentence of up to 180 days in jail and significantly impact your personal and professional life.
Public intoxication may seem minor, but it can quickly escalate. Learn how our attorneys handle misdemeanor charges and protect your record.
Minor individuals under 21 face additional consequences under Texas law:
First Offense (Under 21):
- Fine up to $500 (Class C misdemeanor)
- Mandatory alcohol education program
- Community service: 8-12 hours
- Driver’s license suspension: 30 days
Two or More Prior Alcohol-Related Convictions (Under 21):
- Fine: $250-$2,000
- Jail time: Up to 180 days
- Community service: 20-40 hours
- Driver’s license suspension: 60 days (one prior) or 180 days (two or more priors)
Deferred Disposition Requirements for Minor Offenders:
When placed on deferred disposition, a minor must:
- Attend an alcohol education program
- Complete the required community service hours
- Accept driver’s license suspension or denial of issuance
If the alcohol education program is not completed on time, or evidence of completion is not presented to the court timely manner, the minor could face additional license suspension of up to six months for a first offense or up to one year for subsequent offenses.
Defense Strategies for Public Intoxication Cases
Our experienced criminal defense attorneys employ multiple strategies to protect your rights:
We frequently succeed in getting charges dismissed by proving the arrest occurred on private property. Many arrests happen in parking lots or areas where the “public place” designation is questionable under the law.
Officers must provide credible evidence that you were intoxicated to the degree required by law. Our defense attorney team examines:
- Field sobriety test procedures and administration
- Officer observations, training, and experience
- Video evidence from body cameras or dash cams
- Witness testimony and the circumstances of your case
💼 An effective defense focuses on the gray areas: Was it really public? Were you truly impaired? Were legal medications involved? Our legal team scrutinizes these details.
Texas Penal Code Section 49.02(b) provides an affirmative defense when intoxication may result from:
- Prescribed medication taken as directed
- Medical treatment administered by a licensed physician
- Therapeutic purposes under professional medical supervision
This defense can be essential when someone appears in a public place under the influence of legally prescribed medications.
Ready to fight your public intoxication charge? Contact us today for a confidential consultation.
Real Case Results from Our Firm
Our track record demonstrates our commitment to fighting for our clients:
Recent Public Intoxication Victories:
- Case M1554025: Theft and public intoxication charges – Dismissed
- Case M12-61614: Prostitution with public intoxication – Dismissed
- Case C21550262: Assault by contact with public intoxication elements – Dismissed
These results reflect our aggressive approach to defending alcohol-related charges.
The Hidden Costs of a Public Intoxication Conviction
💡 Public intoxication is more than a slap on the wrist—it can quietly derail careers, limit educational options, and raise lifelong barriers.
Don’t underestimate the impact of a public intoxication charge just because it’s handled in city court. Many people discover too late that even this “minor” offense can have serious long-term consequences.
The Embarrassment Factor
The embarrassment of having to go to jail, get out of custody, and then appear in city court can be overwhelming. Many of our clients are concerned about:
- Friends, bosses, and family members finding out about the arrest
- Professional reputation damage
- Personal and professional consequences that extend far beyond the courtroom
Employment Consequences
Especially if you are a person in business and upcoming in this world, you definitely don’t want anything on your record that could inhibit you from getting that next promotion. Even a Class C misdemeanor can affect:
- Background checks for employment
- Professional licensing boards
- Security clearance applications
- Career advancement opportunities
Long-term Professional Impact
- Background checks reveal criminal history
- Professional licensing boards may impose sanctions
- Security clearance applications can be denied
- Some employers have zero-tolerance policies for alcohol-related offenses
Educational Impact
- College applications require disclosure of criminal convictions
- Graduate school admissions may be affected
- Scholarship opportunities could be lost
- Professional program applications may be denied
Personal Consequences
- Increased insurance premiums
- Difficulty obtaining housing rentals
- Immigration status complications for non-citizens
- Social stigma and embarrassment
Why Choose Our Public Intoxication Lawyers - Take Action Today
Richard C. McConathy brings over three decades of criminal defense experience as a skilled intoxication attorney, including:
- 1,000+ cases dismissed in the Dallas-Fort Worth area
- Member of the National College for DUI Defense
- Former Treasurer of the Dallas Bar Association Criminal Law Section
- Admitted to practice in Federal Court
Our law firm has combined experience successfully defending clients across multiple practice areas, with particular expertise in alcohol-related offenses.
Our office will handle this situation for you. We understand that many people don’t want the embarrassment of a public intoxication charge on their record, and we work aggressively to protect our clients from these consequences.
We can get in there and negotiate a dismissal or reduction on your case, or arrange alternative dispositions such as:
- Initial consultation within 24 hours to discuss your legal matter
- Negotiation for the complete dismissal of charges
- Charge reduction to a lesser offense
- Small probation with expungement ability – allowing you to clear your record after completion
- Alternative sentencing options that avoid conviction
If everything goes according to plan, this entire incident will be erased from your record, and nobody will know about it. This is particularly important for professionals who cannot afford any blemishes on their background checks.
As an experienced attorney, Richard C. McConathy understands that being arrested for public intoxication can create serious legal issues that require immediate attention and skilled legal representation.
We serve clients throughout Dallas County, including Irving, Carrollton, Richardson, and surrounding communities.
Contact the Law Offices of Richard C. McConathy immediately at 197-230-38867 for a free consultation about your public intoxication case.
Client-Centered Service
We believe in treating every client with respect and dedication. Our comprehensive approach includes thorough investigation, aggressive negotiation, and personalized attention to each intoxication case.
When you choose our law firm, you’re getting a legal team that understands the local court system and has built strong relationships with prosecutors and judges throughout Dallas County.
Facing public intoxication charges can be overwhelming, but our experienced criminal defense attorneys provide the best legal guidance to help you go through this challenging time.
Frequently Asked Questions About Charges of Public Intoxication
Can Public Intoxication Charges Be Reduced to a Lesser Offense?
Yes, we frequently negotiate charge reductions or alternative dispositions that minimize long-term consequences. Our defense lawyer team works to achieve the best possible outcome in your case. Options may include:
- Deferred adjudication
- Pre-trial diversion programs
- Community service in lieu of fines
- Alcohol education classes
Will a Public Intoxication Case Affect My Driver’s License?
For adults, public intoxication in Texas typically doesn’t directly impact driving privileges. However, minor individuals face mandatory license suspension ranging from 30 to 180 days, depending on prior offenses.
Can I Clear My Permanent Criminal Record?
Class C misdemeanor convictions may be eligible for expunction or non-disclosure orders under certain circumstances. At the end of this process, if everything goes according to plan, this entire incident will be erased from your record and nobody will know about it.
We help clients clear their records whenever possible to avoid result in a permanent criminal conviction on their background. This is especially important for professionals and those in business who need clean records for career advancement.
Should I Just Pay the Fine Instead of Hiring an Attorney?
Paying the fine is an admission of guilt that can result in a conviction and a permanent criminal record. Don’t underestimate the consequences just because you’re in city court – the long-term impact can be significant.
The cost of legal representation is often less than the long-term consequences of a conviction, particularly regarding employment and professional licensing. Many people who don’t want the embarrassment of this on their record hire us to handle the entire matter discreetly.