Health & Safety Code · §49.02
Public Intoxication
Appears in a public place while intoxicated to the degree that the person may endanger himself or another.
To prove this offense, the State must establish each of the following elements: Appears in a public place; Intoxicated to the degree person may endanger self / another; Class C misdemeanor.
The base classification is Class C misdemeanor, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Appears in a public place
- Intoxicated to the degree person may endanger self / another
- Class C misdemeanor
Texas Law — Charge Details
Class C Misdemeanor
Offense
Public Intoxication
Statute
Tex. Penal Code §49.02
Classification
Class C misdemeanor
Appears in a public place while intoxicated to the degree that the person may endanger himself or another.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Minor under 21 (PI by minor) | Class C misdemeanor with juvenile-court overlay | Tex. Alc. Bev. Code §106.071 |
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Worked examples
Worked example 1
Public Intoxication under Tex. Penal Code §49.02 is what level?
- Class C misdemeanor Correct
- Class B misdemeanor
- Class A misdemeanor
- Felony
Why: PI is a Class C misdemeanor. Officers may take a publicly intoxicated person to a treatment facility / detoxification facility instead of jail under certain circumstances.
Statute: Tex. Penal Code §49.02
Statutory definitions for this topic
- Public Intoxication Tex. Penal Code §49.02
- Appears in a public place while intoxicated to the degree that the person may endanger himself or another. Class C misdemeanor. Officers may take a publicly intoxicated person to a treatment / detoxification facility instead of jail under certain circumstances.