Public Intoxication
A Public Intoxication charge occurs when someone appears intoxicated in public to a degree that endangers themselves or others. Understanding what constitutes PI under Texas law, the arrest process and your legal options can help you address the charge effectively. Learn about the law, potential consequences and plea options to protect your rights and record.
Make an appointment with the Senior Students' Attorney for free legal advice.
What Is Public Intoxication?
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 substance was administered for therapeutic purposes as part of professional medical treatment by a licensed physician. However, combining alcohol and prescription medications is generally advised against.
When Does It Apply?
P.I. requires that the individual be intoxicated to the extent that they pose a danger to themselves or others. This can include a range of situations — an intoxicated person could trip on a curb and be struck by a car, plan to drive or ride with an intoxicated driver, or cause harm to others, such as starting a fight or throwing a bottle at someone in a bar.
What Happens If You’re Charged?
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 may issue a citation and release the individual to the care of a responsible adult.
What About Bail?
Before being released from jail, an individual arrested for P.I. will need to post cash bail. Bail serves as a guarantee that the accused will appear in court to defend against the charges.
Plea Options
Not Guilty Plea
If you are not guilty of PI, you can enter a plea of not guilty with the court. The court will set up a meeting between you and the prosecutor, where you can review body cam footage and determine whether the charges will remain. If charges proceed, you will be set for trial. You can bring witnesses, evidence, and other materials to prove your innocence. If found not guilty, the case will be dismissed. Otherwise, a conviction will be entered on your record.
Guilty Plea
If you are guilty of PI, you may enter a plea of no contest or guilty. You’ll pay the fine and a conviction will be entered on your record. Note: this may remain on your record permanently and affect your driver’s license.
Deferred Disposition
Even if you are guilty of PI, you can request deferred disposition when making your plea. This asks the judge to defer — or put off — an immediate adjudication of guilt until you complete certain requirements, such as paying a fine, completing community service hours and/or an alcohol awareness course, and staying citation-free during a six-month probationary period. Typically, a judge will approve deferred disposition. Once the probationary period is over and all requirements are met, the judge will dismiss the MIP complaint with no final conviction entered. However, any subsequent MIP will result in enhanced punishment. For most offenses, the charge can be completely removed from your record.