Montgomery County Criminal Defense Attorney - Public Intoxication Charges
Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.
If you have been arrested for Public Intoxication charges in Montgomery County, Texas it was most likely on the waterway in The Woodlands, Texas. If it wasn't there then it was probably right outside your home. The reason these are the two most likely places to be arrested for this charge is due to the high volume of foot traffic in the waterway area of The Woodlands, and the procedures and tactics employed by police when confronting someone about a disturbance outside their home.
Police are often called to individual homes because of a disturbance. This normally occurs when a loud argument takes place between people after sunset. Neighbors hear yelling or screaming and call 911 to report a disturbance. If an assault has already taken place then neighbors will sometimes report and assault. Of course if an assault has taken place then the police normally arrest for the Assault which is a Class A misdemeanor and don't bother with the Public Intoxication charge which is a Class C and punishable by a $500 fine at the worst.
So what do the police do when there is a disturbance and you are still outside your home when the arrive . Well that area may still be considered public. Especially if you live in apartments where common areas outside apartment doors are close by. The police may decide that there is going to be a continued risk of disturbance calls if they leave you or the other party in the argument on scene. If the police believe that you are intoxicated based on your demeanor, appearance, and the odor of alcohol, then they may decide to arrest you just to make sure that they don't get called back out again, or to make sure that the incident doesn't escalate to an Assault.
Along the waterway if there is a loud argument or disturbance/fight you are likely to be kicked out of the bar that you are visiting. If you argue this point with the bouncers at the bar then they will be quick to call in either Montgomery County Sheriff's Officers or Constable's Office Precinct 3 deputies. These incidents can escalate to interference with public duties charges or resisting arrest if you attempt to turn around and explain yourself to the officer after a bouncer has already told them you are intoxicated and causing a problem.
The best thing you can do is avoid confrontation in public and if a bar decides you have to leave call and uber and get home without incident. You can always come pick up your car the next day or catch up with your friends another time. It's a lot cheaper than hiring an attorney.
BORING LEGAL DISCLAIMER
For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.
For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.
For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.