Frisco, TX Public Intoxication Attorneys

Experienced Lawyers for Public Intoxication and Related Offenses in Frisco, Texas

People often enjoy drinking alcohol in bars or nightclubs or when spending time with friends. While there is nothing wrong with enjoying alcohol responsibly, there are some situations where people could be accused of acting in ways that disturbed, offended, or endangered others. These accusations could lead to arrest and charges of public intoxication or other related offenses.

Public intoxication is a misdemeanor offense in Texas, and it can have consequences that go beyond a fine or a night in jail. A conviction may remain on a person's criminal record, potentially affecting their future employment opportunities, educational goals, or professional licensing. However, charges of public intoxication may be based on subjective observations made by police officers, and it may be possible to challenge an arrest and avoid a conviction.

At Barbieri Law Firm, we can provide an effective defense for clients in Frisco who have been charged with public intoxication or other related offenses. We understand the nuances of these cases, and we will work to ensure that our clients will not be unfairly punished for minor or misinterpreted conduct.

Public Intoxication Charges in Texas

A person could be charged with public intoxication under Texas Penal Code §49.02 if they are accused of acting in a way that may endanger themselves or someone else. The law does not require a breath or blood test to confirm intoxication, and a person does not need to be driving or engaging in any specific act to be arrested.

Key elements of public intoxication include:

• The person is in a public place, which can include streets, sidewalks, parks, bars, restaurants, or any area open to the public.
• The person is intoxicated, meaning that the use of alcohol or drugs has affected their mental or physical faculties.
• The intoxication places the person or others at risk of harm.

An arrest may occur even if the person was not causing a disturbance or committing any other offense, and it may be based solely on an officer's belief that the person is impaired and poses a danger.

Penalties for Public Intoxication

Public intoxication is classified as a Class C misdemeanor, and a conviction may be punishable by a maximum fine of $500. A conviction usually will not result in a jail sentence, although a person may be temporarily detained by police until they are sober.

However, for repeat offenses, particularly involving minors or people who have previously been arrested for alcohol-related offenses, additional penalties may apply. In some cases, a judge may require community service, alcohol awareness classes, or other conditions.

While the immediate penalties may seem minor, the long-term impact of a public intoxication conviction can be more serious. A criminal record, even for a misdemeanor, can create obstacles in background checks for jobs, housing, and school admissions.

Related Criminal Charges

In many cases, a person arrested for public intoxication may also face additional charges based on their behavior or the circumstances surrounding the arrest. These may include:

• Disorderly Conduct: This charge may apply if a person is accused of making unreasonable noise, using abusive language, fighting, or displaying a firearm in a threatening manner. Disorderly conduct may be charged alongside public intoxication when a person is allegedly causing a disturbance. It is typically charged as a Class C misdemeanor, although Class B misdemeanor charges may apply in cases involving firearms.
• Obstructing a Highway or Passageway: Under Texas law, it is a criminal offense to intentionally block a street, sidewalk, or public path and prevent people from using it. Someone who is intoxicated and impeding the flow of traffic or pedestrians may be charged with this offense, which is typically charged as a Class B misdemeanor.
• Disrupting a Meeting or Procession: A person may face this charge if they are accused of intentionally interfering with a lawful assembly or gathering, such as a public meeting, religious service, or another gathering of people. This charge can sometimes arise when an intoxicated person disrupts people who have gathered in public by engaging in physical acts or abusive speech. This offense is a Class B misdemeanor.

Each of these related offenses carries its own set of penalties. A person who is charged with multiple offenses may face increased fines, community service, or even jail time in some situations.

Defending Against Public Intoxication Charges

Arrests for public intoxication may be based on quick judgments made by law enforcement officers. Our attorneys will work to challenge the assumptions and evidence used to justify an arrest, and we will help clients determine their options for the dismissal or reduction of public intoxication charges. Our defense strategies may include:

• Questioning the Officer's Observations: Police officers will often rely on subjective assessments of intoxication, such as slurred speech, the odor of alcohol, or unsteady movements. Our lawyers may argue that these signs were caused by something other than intoxication or were not serious enough to be considered impairment.
• Lack of Danger: Public intoxication charges must be based on claims that a person presented a risk to themselves or others. If the person was not engaging in risky behavior or did not pose a threat, we may argue for the charges to be dismissed.
• Private Property: If the arrest was based on behavior that took place on private property rather than a public place, charges of public intoxication may be invalid.
• Unlawful Arrest or Detention: If the arresting officer did not have probable cause to perform an arrest, or if they violated our client's constitutional rights during a stop or arrest, our attorneys may take steps to suppress evidence or have the case dismissed.
• Negotiation or Diversion Programs: In some cases, our lawyers may negotiate to obtain a dismissal, court supervision, probation, or participation in an alcohol education program that will help our client avoid a criminal conviction.

Contact Our Frisco, TX Public Intoxication Defense Lawyers

A public intoxication charge may seem to be minor, but it can carry lasting consequences if it is not handled the right way. The team at Barbieri Law Firm can help clients take steps to challenge these charges and resolve cases while avoiding convictions. Contact our Frisco public intoxication defense attorneys at 972-424-1902 to arrange a free consultation.