PUBLIC INTOXICATION (PI)
Public Intoxication (P.I.) is a charge that can be levied against an individual under the influence of alcohol or drugs, including prescription drugs, over-the-counter medications, or aerosol sprays. A defense to a P.I. charge is that the alcohol or drugs were administered for therapeutic purposes as part of professional medical treatment by a licensed physician. However, combining alcohol and prescription medications is generally advised against.
The offense of P.I. necessitates that the individual be intoxicated to the extent that they pose a danger to themselves or others. Public intoxication can leave a person susceptible to robbery, assault, and other hazards. For example, an intoxicated person could trip on a curb while walking home and be struck by a car. Plans to drive home or ride in a vehicle operated by an intoxicated driver could endanger the individual. Actions such as starting a fight or throwing a bottle towards another person at a bar could constitute endangerment to others.
In most instances, a person charged with P.I. will be arrested and spend a minimum of 6 hours in jail to sober up. Alternatively, a police officer could issue a citation and release the individual to the care of a responsible adult.
Before being released from jail, an individual arrested for P.I. will need to post cash bail. Bail serves as a guarantee from the accused that they will appear in court to defend against the charges. This approach ensures accountability and encourages adherence to legal proceedings.
49.02 Public Intoxication
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 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 having an alcohol concentration of 0.08 or more.
An offense 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. 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.
Not Guilty Pleas
If you are not guilty of P.I., enter a plea of not guilty with the court. 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.
Guilty Pleas
If you are guilty of P.I. enter a plea of no contest or guilty and request the court clerk to schedule 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 Disposition.
A judge can choose to defer proceedings, avoiding an immediate adjudication of guilt, and place you on probation for a period not exceeding 180 days. If you can demonstrate compliance with the court’s requirements at the end of the deferral period, the judge will dismiss the P.I. complaint and record in the docket that there is no final conviction. However, the arrest will remain on your record.
Typically, the judge will approve Deferred Disposition, mandating six months of probation, 20 hours of community service, participation in an alcohol education workshop, and payment of court costs. This approach aims to rehabilitate and educate, helping to prevent future violations.
KNOW YOUR RESOURCES
Learn more about the resources available through Student Life, on-campus, and in the community.
KNOW YOUR RESOURCES
Learn more about the resources available through Student Life, on-campus, and in the community.