Public Intoxication – Houston TX

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Public Intoxication – Houston TX

I’m charged with public intoxication (class c misdemeanor), after a policeman arrested me while sleeping in my car, which was parked in a driveway. I was not given a Breathalyzer or sobriety test, and was bailed out by my wife some hours later. I could have signed a nolo plea, but I do not want this on my record since if convicted it could affect my ability to get a job in the future or other things. I do not know what to do, and am willing to do alcohol courses, community service, anything to not be convicted. This is my first offense of any type other than a speeding ticket 2 years ago.

Asked on July 1, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

I think that your instincts are correct in wanting to fight this charge.

To prove you were guilty of Public Intoxication in Texas, the police and prosecutors must prove that you were "intoxicated to the extent that you were danger to yourself or others."  All too often, PI  arrests are made simply because someone "argues with the police."  Some police will make an arrest in that situation and justify it by stating "Anyone who argues with me is a danger to themselves."  Fortunately, many times an officer making such an arrest will not appear in court or testify against you.

These type cases are very fact specific; this is a highly technical area of the law.  The charges may be thrown out, or at least the prosecution may be convinced to give you "deferred adjudication" on the case.  With deferred adjudication, upon successful completion of probation, you may petition the court to expunge (erase) the charge.  Otherwise, if convicted, the arrest and conviction will be on your record forever.

You need to consult with an attorney on all of this; many times in these type cases they do not even charge for an initial consultation.  Make sure that he/she is local to the area where all of this happened.  If you get someone who is familiar with the judges and prosecutors they will know how best to approach things and present your case.  As in life, many times it's not so much what you know but who you know.

Best of luck. 



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption