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This web page is intended to provide general information on P.I. for students of Texas
A&M University. Specific advice regarding an individual person or situation should be
requested from an attorney. This web page should be used for general information reference
only and is not intended to provide legal advice.
A person may commit the offense of P.I. by being under the influence of alcohol or
drugs. This may include prescription drugs, over-the-counter medications or even aerosol
sprays. It is a defense to prosecution for P.I. that the alcohol or drugs were
administered for therapeutic purposes and as part of the person's professional medical
treatment by a licensed physician. However, keep in mind that mixing alcohol and
prescription medications is contrary to most medical advice.
The charge of P.I. requires that the person be intoxicated to the degree that he/she is
a danger to him/herself or another person. Being publicly intoxicated makes a person
vulnerable to robbery, assault, and a number of other difficulties. For instance, there
could be the possibility of tripping on a curb while walking home and being hit by a car.
Further, an intoxicated person may plan to drive him/herself home or ride as a passenger
in a vehicle driven by an intoxicated driver. This would endanger the individual. As for
endangering another person, starting a fight or throwing a bottle in the general direction
of another person at a bar would constitute endangerment.
In most cases, an individual charged with Public Intoxication (P.I.) will be arrested
and spend at least 6 hours in jail. However, a police officer could merely issue a citation and
release the individual to the care of an adult who agrees to assume responsibility for the
individual.
An individual arrested for P.I. will be required to post a cash bail before he/she can
be released from jail. "Bail" is the security given by the accused that he/she
will appear in court to hear the charges brought by the court.
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Public Intoxication Statute of Texas
49.02 Public Intoxication
"Public Intoxication" means:
A person commits an offense if the person appears in a public place while intoxicated
to the degree that the person may endanger the person or another.
"Intoxicated" is defined as:
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not having the normal use of mental or physical faculties by reason of the introduction
of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more
of those substances, or any other substance into the body; or
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having an alcohol concentration of 0.08 or more.
An offence under this section is a Class C Misdemeanor. An individual adjudged guilty
of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a
minor, the punishment terms are in the same manner as if he committed the offense of
Possession of Alcohol by a Minor.
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All persons are presumed innocent and no person may be convicted of an offense unless
each element of the offense is proven beyond a reasonable doubt. The fact that a person
has been arrested, confined, or indicted for, or otherwise charged with the offense gives
rise to no inference of guilt at that person's trial.
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Not Guilty Pleas
If you feel you are not guilty of P.I., enter a plea of not guilty. You must prepare
for your defense at a bench or jury trial. You should have the court clerk issue subpoenas
for those witnesses necessary for your defense. It is recommended that you seek the advice
of an attorney prior to the trial. Please contact Student Conflict Resolution Services,
847-7272, at your earliest convenience to schedule an appointment.
Guilty Pleas
If you are guilty of P.I. enter a plea of no contest or guilty and ask the court clerk
for an uncontested hearing with the judge on the issue of punishment. At the hearing,
introduce yourself to the judge and explain that you desire to avoid a P.I. conviction on
your record. Therefore, you request that the court grant you Deferred Adjudication.
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The judge may defer further proceedings without entering an adjudication of guilt and
place you on probation for a period not to exceed 180 days. At the conclusion of the
deferral period, if you present evidence that you complied with the requirements imposed
by the Court, the judge shall dismiss the P.I. complaint and note in the docket that there
is not a final conviction. However, the arrest will still appear on your record.
In most cases, the judge will grant Deferred Adjudication and order six months
probation, 25 hours community service, attendance at an alcohol education workshop and
court costs.
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Student Conduct
If a student is charged with P.I. while on the Texas A&M University campus he/she
may also be subject to student disciplinary action by the University. Such action may be
taken in addition to and independent of any court ruling. Students are notified in writing
of student conduct charges by Student Conduct Services in the Offices of the Dean of Student Life.
For more information concerning the student conduct process, contact Student Conflict
Resolution Services at 847-7272 or visit Alcohol
and Drug Education Programs.
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