How to Fight a Public Intoxication Charge
If you are facing a public intoxication charge in Texas, you may be able to challenge the ticket to have the case dismissed or request a deferred adjudication. A public intoxication attorney can determine your best course of action.
Challenging public intoxication in Texas
According to Texas Penal Code 49.02, you are publicly intoxicated if you are in a public space while alcohol or drugs alter your faculties. However, being intoxicated in public is not in and of itself a crime; the state of inebriation must make you a danger to yourself or others.
Public intoxication can be very subjective; it is based on an officer’s opinion. There are often no sobriety tests or corroborating evidence that show that you were a danger. This can make it more difficult for a prosecutor to prove, and potentially offer ground for your defense attorney to have the charge dismissed.
If the prosecutor’s case is solid, you may be eligible for deferred adjudication. This leaves the arrest on your record, but it avoids a conviction provided you avoid trouble during a probation period.
Consult a Plano public intoxication attorney
As alcohol-related offenses go, public intoxication may seem relatively inconsequential. However, even as a Class C misdemeanor, a conviction can carry long-term consequences that disrupt many areas of your life. Call Peveto Law today to discuss your case for free with a Collin County criminal defense lawyer.