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What Are the Charges for Public Intoxication in Texas?

Under Texas Penal Code Section 49.02, public intoxication is categorized as a Class C misdemeanor and a permanent criminal conviction. It is defined as intoxication in a public space to the degree that the individual may endanger themselves or other people.

People are generally charged with public intoxication in bars, parking lots, public streets, highways, and private property. If charged, they may face a range of penalties. In this article, we’ll walk you through charges for public intoxication in Texas.

1. Fine

If you’re charged with public intoxication, you’ll be ordered to pay a fine of up to $500. It’s important to note that repeat offenders may have to pay up to $2,000 for the same offense. If you’re charged with the crime, make sure you practice extreme caution to avoid a second conviction.

2. Prison Sentence

A second conviction doesn’t just come with a heavier fine; it also comes with a potential jail sentence. Offenders are required to serve up to 180 days in prison, but typically, a prison sentence is unlikely.  

3. Nature of the Crime

The penalties for public intoxication in Texas also vary based on other circumstances. For instance, if you’re intoxicated in a bar and get arrested for public intoxication, your charges will be significantly less harsh than someone who gets into a serious bar fight. If there’s an injury involved, you’ll face stricter penalties, and you’ll likely face additional charges such as disorderly conduct, aggravated assault, or assault if you started the fight or threw the first punch.

It’s also important to note that people who are under the age of 21 automatically get their driver’s license suspended for up to 30 days for public intoxication. They are required to attend alcohol awareness classes and perform community service for up to 12 hours.

Related Article: Did Know That Breathalyzer Tests Are Not Necessary for Public Intoxication Arrests

If you were recently arrested for public intoxication in Texas, consult an experienced attorney as soon as possible. Hiring a lawyer is important for everyone charged with any crime, but it’s particularly essential if your case is more serious (e.g. there was a fight, an injury, harassment, stalking, or a threat involved).

As an experienced criminal defense lawyer in Texas, JL Carpenter understands how to build an aggressive defense to fight public intoxication charges. Take a closer look at her practice areas, reviews, and case results to understand whether she’s the right fit for you.

Over the years, JL has successfully defended hundreds of cases that have ended in dismissals. She also works on domestic violence, drug possession, DWI, and family violence cases. Contact her to get started.

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How to Get Your DWI Charges Reduced in Texas

Drunk driving is a crime that almost anyone can be charged with who has ever taken a drink at one place and, afterward, driven their vehicle to another place. DWI does not care about age, sex, income, or the area of town you live in—whether it’s River Oaks or Clear Lake, Texas. If you get arrested, you’re likely to face a wide range of penalties, including jail time, exorbitant fines, license revocation, and other sanctions. Your punishment depends on whether it was your first conviction or more as well as whether you are convicted of a felony DWI, which includes DWI with a child or involuntary manslaughter.

If you were recently charged with DWI in Texas, make sure you work toward getting your case dismissed or, at the very least, reduced. Having a DWI conviction on your criminal record can affect your job prospects, your professional licensing, your education, where you can live, and your insurance rates. It also affects the severity of punishment should you be arrested again for a subsequent DWI. These are just some of the reasons why working relentlessly to get your first DWI dismissed is so critical.

While there are no guarantees that the judge or jury will reduce your sentencing, here are some moves you can make that will show that you take the charges seriously. In the end, you hope to get your charges dismissed or, at least, get your punishment reduced.

1. Find the Right Lawyer

An experienced lawyer can make all the difference. Your lawyer should provide you with counsel that helps your case in the eyes of both the judge and a potential jury. Your lawyer should be communicating with you on how you can better position yourself to create reasonable doubt and to show that you take your case and the legal proceedings seriously.

Your attorney works for you, which means they can provide you with strategy and insight, but ultimately, the decisions are yours. An experienced DWI attorney who has tried hundreds of cases understands what you’re up against and how cases like yours can potentially be dismissed.

2. Bring Your Lawyer to the ALR Hearing

You should have your attorney with you during both your administrative license revocation hearing (ALR) and your criminal case. The ALR hearing is where you petition the court to get your driver’s license back and is the first opportunity for your attorney to begin your criminal defense strategy, because law enforcement presents their evidence at the ALR hearing.

 3. Re-Assess the Evidence in Your Case

https://www.youtube.com/watch?v=o9FgGKGW1hI

Caption: The Intoxilyzer 9000 has proven to be a faulty measuring tool of BAC levels.

The prosecutor may offer a plea deal right away, but your goal is to have your case dismissed. Only cases that are dismissed or found not guilty can be expunged from your record, which means it’s erased as though it never happened. If you have a strong case, you should consider not accepting a plea since this shows a conviction on your criminal record.

If this is your first DWI offense and your criminal record is clean, you have greater chances of getting leniency from the court or your charges dismissed altogether. Again, there’s no guarantee, but in many cases, first offenders are given second chances.

Other factors that can help strengthen your case include:

· Your BAC (blood alcohol concentration) was as low as possible (exactly .08 or slightly higher)

· There are no breath or blood samples

· The field sobriety test was improperly administered

· The breath or blood test equipment was inaccurate because of neglect, or the equipment wasn’t warranted for use in measuring breath or blood samples in DWI cases

· Your intoxication didn’t result in an accident, injury, or death

· Law enforcement presents faulty evidence because they got dashcam videos mixed up with another case

· You were cooperative and respectful when pulled over

· Law enforcement officials were neglectful, unprofessional, or exhibited unacceptable/improper behavior when pulling you over

3. You Are Proactive

As soon as you understand your charges, your attorney should advise you to join Alcoholics Anonymous and seek substance abuse counseling. This move alone shows the court that you at least want to understand your situation better and that you want to avoid a situation involving substance abuse being an issue. If your case is not dismissed, this move shows that you are making efforts to avoid reoccurrence of a DWI, and the judge may show leniency in the punishment phase of your case.

There is no guarantee that doing any of these things will get your DWI charges reduced in Texas. Some counties are more rigid and will convict you no matter how marginal the evidence may be or what efforts you may take to avoid being a repeat offender. Some courts are not interested in justice, only punishment at the expense of justice.  

However, hiring an experienced, qualified, and committed DWI lawyer as soon as possible to represent you at both your ALR hearing and your criminal proceeding does have a positive impact. Attorney JL Carpenter should be your first call. With extensive experience in handling DWI cases, she builds aggressive defenses for her clients.

JL will work tirelessly on your case to achieve the most favorable outcome possible. This may be a reduction or complete dismissal of the charges, depending on the unique nature of your case.

As a former prosecutor and now criminal defense lawyer in Texas, JL also works on domestic violence, family violence, and drug possession cases. See her practice areas, reviews, and case results before you get started.

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How Does a DWI Charge Affect My Right to Carry a Firearm in Texas?

If you carry a firearm for safety reasons when you’re out and about, you should have a good grasp on the instances that can cause your rights to be revoked. Under Texas law, people who have committed certain criminal offenses cannot carry a firearm. Is driving while intoxicated on the list? Can you still carry a weapon despite being charged with DWI?

Continue reading to find out.

The Affect of DWI Arrest and Conviction on My Right to Carry a Gun

Does a DWI arrest and conviction affect your right to own and carry a firearm? It depends on the types of charges you’re facing.

If you’re charged with a Class B misdemeanor (first-time DWI offense), your license to carry (LTC) a firearm will be suspended while your case is being investigated. If you are found guilty of a Class B misdeamor or worse, your LTC for a firearm will be revoked. You’ll have to wait up to five years until you can reapply for a license. This also includes convictions in which you complete probation or deferred adjudication and your charges are dismissed.

For second-time DWI charges (Class A misdemeanors), you will be considered “chemically dependent” and will not be able to carry a firearm because your LTC will be revoked.

Again, you will be required to wait for five years to reapply for your firearms license. Moreover, if you own a firearm, it must remain at your residence; if you’re caught with your firearm outside your residence, you can be arrested.

For felonies, the nature of prohibition is more complex. If you’re charged with DWI for the third time, had a child in the vehicle when you were arrested, or caused an injury or a death, you can still own firearms, but with heavy restrictions.

If you are carrying your handgun at the time you are arrested for an offense greater than a Class C misdemeanor like a DWI, then you will be charged with Unlawful Carrying which means suspension of your LTC. However, if you take a conviction for an Unlawful Carrying of a Weapon charge, Texas law says you can have it expunged later.

  Federal Limitations

Federal laws also affect a person’s right to carry firearms or transport them across state lines. We recommend consulting your lawyer for more information.

Protect Your Rights

If you own a firearm and were recently charged with DWI in Houston or the surrounding area, hire an experienced DWI attorney as soon as possible. Attorney JL Carpenter has extensive experience working on DWI cases — she understands the impact a DWI arrest and conviction can have on your right to bear arms. JL builds a strong defense for her clients and works tirelessly to fight for their rights, freedom, and futures.

Explore her practice areas and reach out to her when you’re ready to get started. JL serves clients across the Greater Houston area, including in Friendswood, Clear Lake, League City, Galveston, and Webster, among several other areas. She also works on drug possession, domestic violence, and family violence cases.

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Can I Be Charged with DWI if I’m Parked and Asleep in My Vehicle?

While most people who are arrested for DWI are pulled over initially for a traffic violation—speeding or failing to stop at a stoplight or stop sign—a lot of people charged with DWI while sleeping in their vehicle.

You may already be aware that a DWI arrest can alter the course of your life. If you’re in an accident, your charges can be even more severe for a first offense, depending on the injuries/casualties, extent of damage, and presence of minors in the vehicle.  If you already have a felony DWI conviction, your charges can immediately escalate even if you’re not involved in an accident.

A DWI can long prison term, have to pay exorbitant fines, and face a range of additional penalties.

We agree that the best thing to do here is not even try to drive—call an Uber or someone to pick you up or get a ride home. You can always get your car later and you aren’t endangering anyone’s safety.

DWI Charges While Parked

But let’s say you pulling over to the side of the road to sleep is your only option. You can be charged with a DWI if an officer believes that you intended to drive while intoxicated. This is because of the very nature of DWI charges: if you can’t prove that you did not intend to operate the vehicle, you’ll struggle to fight your charges.

Under Texas law, a person can be charged with DWI if they’re “intoxicated while operating a motor vehicle in a public place.” While the law defines what it means to be “intoxicated” and what qualifies as a “motor vehicle,” there’s no explanation for what “operating” means.

Ultimately, you can still be charged with DWI because your presence in the vehicle could demonstrate that you had been driving or were planning to drive.

 2. How Can I Reduce the Risk of Getting Charged if I’m Asleep in My Vehicle?

There are things that you can do to demonstrate that you had no intention of operating the vehicle. It’ll be easier to demonstrate your lack of intent if you were sleeping in the backseat or you put your keys in the trunk. However, if the lights and engine are on, your case could be weakened. Even if you do the above things, you can still be arrested, because DWI is an “opinion crime,” which means it relies heavily on the officer’s opinion of your condition as to whether or not they will arrest you. The important thing is to not fall asleep in the driver’s seat.

If you are arrested, it’s up to the court to decide whether you can prove that you had no intention of operating the vehicle and are innocent. This is when you hire an aggressive attorney to help you explain your situation so that a jury can see that you had no intention of driving.

Sleeping in You Car: The Last Resort

If you find yourself driving after drinking and feel sleepy, the next safer move is to pull over as soon as you can into a well-lit and crowded public rest stop or gas station where you can leave your vehicle and call an Uber or someone to pick you up.

If you can’t get a ride home and you feel that you are unable to drive your vehicle safely and sleeping in your vehicle is your only option, there are things you can do to stay safe—especially if you’re a woman:

· Don’t park in dark areas of the parking lot because it’s unsafe.

· Don’t park on the side of the road.

· Park in a well-lit, crowded place like a parking lot for a hospital, hotel, truck stop, rest stop, campsite, Walmart or 24-hour fitness center.

· Turn off your vehicle to avoid risk of harmful fumes.

· Roll your window down just a crack for ventilation.

· Move out of the driver’s seat and into the back if you can. Many SUV’s have a back seat that can fold down so that you have a flat surface to lay down on.

3. Consult a Lawyer

If you were recently charged with a DWI while you were parked or asleep in your vehicle, don’t forget that you still have rights. Contact an experienced lawyer who understands DWI charges in Houston as soon as you can.

Attorney JL Carpenter should be your first call. As an experienced criminal defense attorney with a great track record, she builds aggressive cases for her clients. Over the years, JL has worked on numerous cases involving drug possession, DWI, domestic violence, family violence, and a wide range of other charges.

Explore her practice areas and reach out to her when you’re ready to get started. JL serves clients across the Greater Houston area, including in Friendswood, Clear Lake, League City, Galveston, and Webster, among several other areas.

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Can I Get Charged with a DWI While Operating a Motorcycle in Texas?

Even though you are someone who frequently rides motorcycles, the thought of getting charged with a DWI may have never crossed your mind. If that’s the case, you’re oblivious to a lot of potential legal damage that can occur.

It’s important to note that a motorcycle is considered a vehicle. Like a car, truck, bus, or wagon, a motorcycle should not be operated while the driver is intoxicated.

To answer the question posed in the title, yes, you can get charged with a DWI while operating a motorcycle in Texas. However, this isn’t the only information you should possess. Continue reading for a better grasp of what the charges entail and how you should proceed following an arrest.

1. Considering the Penalties for Motorcycle DWI

Under Texas state law, operating a motor vehicle while intoxicated is considered illegal, as highlighted above. Whether the vehicle is a car, truck, boat, or motorcycle, you will be held accountable no matter what you are driving.

If you’re charged with motorcycle DWI for the first time, it’s the same as if you were driving any other motor vehicle, so it’s a Class B misdemeanor. This charge is punishable by up to 180 days in prison and a fine of up to $2,000. Also, your driver’s license will be suspended for a full year.

In addition, it’s important to note that if your blood alcohol concentration (BAC) is equal to or greater than .15% a first-time charge can be considered a Class A misdemeanor. This holds a more severe punishment in which you may face up to one year in prison and pay a maximum of $4,000 in fines.

 2. Taking the Right Measures

As a motorcycle rider, you should always err on the side of caution. Simply driving a motorcycle makes you more vulnerable to injury if you are in an accident that involves a car or truck. Compound that with how recklessly some motorcyclists drive—weaving in and out of traffic and road lanes—and your level of risk increases exponentially. If you top it off with alcohol, you have an inevitable recipe for disaster.

If you are pulled over by a police officer, make sure you are polite and comply with his or her lawful orders. That doesn’t mean you have to answer any questions as to your whereabouts prior to the event or what you’ve been doing. The officer is probing to find probable cause to see whether you’ve been drinking. Exercise your right to remain silent until you speak with your lawyer.

If you are charged with motorcycle DWI, contact a lawyer as soon as you can after you make bail to ensure you are working with someone who is safeguarding your rights throughout the legal process. You’ll need an attorney for your administrative license revocation (ALR) hearing to petition the court to get your license back. This is just the first step.

3. Regaining Your License

If you’re charged with motorcycle DWI, your license will either be suspended or revoked following the ALR hearing. The next step is the criminal proceeding in which your case is dismissed, you plead guilty without a trial, or you go to trial and are either found guilty or not guilty. If you plea or are found not guilty, you will be required to pay fines, possibly serve jail time, install an ignition interlock device on your bike, and endure other penalties.

If you were recently charged with a DWI while you were operating a motorcycle in Texas, you’ll need an experienced, qualified, and committed lawyer as early as possible in the legal process. Attorney JL Carpenter should be your first call. As a former prosecutor and DWI attorney, she has extensive experience in handling motorcycle DWI cases in the Greater Houston area, including Friendswood, Clear Lake, and League City, among other cities.

Start building your case today. JL Carpenter also handles domestic violence, family violence, drug possession, and a wide range of other criminal defense cases. Explore her practice areas and case results for more information.

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If I Hold a Commercial Driver’s License (CDL), What Should I Do If I’m Charged with a DWI?

If you hold a commercial driver’s license (CDL) and you professionally operate a vehicle as a truck driver, limo driver, taxi driver, or Uber or Lyft driver, your license is more than a luxury — it’s your business or career. If you get convicted of a DWI, it could mean the end of your professional license and, possibly, your livelihood. 

With so much on the line, it’s important to understand that the penalties for DWI are different for civilian drivers than they are for commercial drivers. At the time of arrest, many commercial drivers make critical mistakes that put their careers on the line.

Commercial drivers are subjected to greater scrutiny because of their greater level of responsibility. Here, we’ll take a closer look at the penalties for DWI for commercial drivers and help you get a better understanding of the measures you need to take when you’re pulled over, when you’re arrested, and after you’ve been charged with a DWI.

The Penalties for Commercial Drivers Convicted of Driving While Intoxicated

Civilian drivers are charged with DWI if their blood alcohol concentration (BAC) is 0.08% or greater. CDL holders are held to a higher standard.

The legal limit for CDL holders is 0.04%. If your BAC is equal to or greater than 0.04%, you will be charged with a Class B misdemeanor (a first DWI offense), which carries a penalty of up to 180 days in prison and up to $2,000 in fines.

A first-time conviction also carries a one-year CDL suspension. However, any CDL operator charged with DWI while transporting hazardous cargo will face a three-year suspension.

Recommended Read: 3 Penalties for a Hit and Run in Texas

Taking the Right Measures

Commercial drivers can take the right measures to make sure they don’t make their situation worse when they are pulled over. When the officer approaches your cab or vehicle, cooperate with him or her as best as you can, but make sure you exercise your right to remain silent.

The information you voluntarily provide could potentially be used against you. While you should cooperate, don’t provide any additional information that could incriminate you or give the officer probable cause to request that you take a field sobriety, breath, or blood test.

If the officer asks you where you’ve been, don’t tell him or her. If you are asked whether you’ve been drinking, don’t answer. If you are arrested, no matter what else you do, contact an experienced, qualified, and tenacious attorney to help you protect your rights, your freedom, and your career.

Stay Calm

We understand that as a CDL holder you may feel more anxious about getting charged with a DWI. There’s a lot more that’s at stake, and law enforcement officers will often remind you of that very fact in order to extract more information.

Don’t get trapped.

Give the officer only the required information and stay calm in the meantime. Do not argue with the officer on the scene and do allow yourself to be arrested if that seems like what will happen. There will be both a place and time to fight the charges, and after being arrested on the roadside is neither of those.

Once you post bail, hire an attorney you can trust. The right lawyer will guide you through the process and give you the peace of mind that comes from knowing that you have a fighting chance. Having a capable, relentless lawyer gives you confidence that justice will be done and your rights won’t be trampled on by the court system.

Recommended Read: If I’m Arrested for DWI and Someone Dies, What Are the Charges?

If you were recently charged with a DWI and are a commercial driver, reach out to an experienced lawyer as soon as you can. JL Carpenter has a stellar track record when it comes to defending the rights of CDL holders just like you. She is one of the highest-rated DWI attorneys in the Greater Houston area and serves clients facing DWI charges in Friendswood, Clear Lake, and League City, among other cities.

Start fighting your charges today. Attorney JL Carpenter’s practice areas also include drug possession, domestic violence, family violence, expunctions, and more.