Public Intoxication and Formula 1 Racing in Austin

With Formula 1 Racing coming to Austin Texas, there are many things to celebrate.  Just be wary when you're downtown celebrating too much.  The downtown area of Austin is known for many things -- including the unfortunate arrest for Public Intoxication.

Public Intoxication is a Class C Misdemeanor, but because of the nature of the offense (being drunk), officers can take you to jail until they release you with a citation.  But that's just the start of it.  I've represented many people who were merely stopped by officers for PI, and then upon arrest, the officers found marijuana on them, leading to the more serious Class B Misdemeanor Possession of Marijuana.

What makes it illegal?  Texas Penal Code Sec. 49.02.  makes it a crime for a person to appears in a public place while intoxicated to the degree that the person may endanger the person or another.  That's it.  Notice how vague that statute is?  Unfortunately, it's not too vague as to cause the Courts to Dismiss the case and make the legislature rewrite the law -- but, it's vague enough to give arresting officers a lot of leeway in citing and arresting you.

Consider the part of Texas Penal Code Sec. 49.02 that says "intoxicated to the degree that the person MAY endanger."

So what are the Punishments? Well, as far as the upfront penalties for a Public Intoxication ticket, it's not so bad.  Class C Misdemeanors are punishable by fine only (up to $500), once you're released on the citation.  Austin is usually a couple hundred dollars.  

But, there are other consequences for just paying the fine on your PI ticket.  First, paying the fine means you'll be pleading No Contest or Guilty.  Both mean exactly the same thing, except that it's harder to sue you if you plead no contest.  But who's going to sue you merely because of a PI?  So a No Contest plea doesn't help at all.  It's still a conviction on which the Court found you and entered Guilt.  

If you've had multiple PI tickets, each ending as a Conviction, in the past, then the prosecutor can charge your Public Intoxication as a Class B Misdemeanor, meaning you could face up to a maximum of six months in state jail and fines of up to $2000. 

But Public Intoxication tickets are probably most harsh for those younger than 21 years of age.  The PI ticket is still considered a Class C Misdemeanor with fines up to $500 -- BUT, a conviction for a minor will Suspend his or her Driver's License or delay the ability to obtain one.   If you're under 21 and you've already had a PI conviction -- try to avoid the 2nd one.  Because for minors who have suffered two priovious convictions, the 3rd PI offense is punishable by: (1)  a fine of not less than $250 or more than $2,000;(2)  confinement in jail for a term not to exceed 180 days; or (3)  both the fine and confinement.

If you've been cited or arrested for Public Intoxication -- whether downtown in Austin for Fomula 1 or just while you're walking around 6th Street, give us a call for a Free Consultation at 512-216-3211, or visit us at the Law Office of Robert Keates.