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  • Writer's pictureBrian Foley

Montgomery County Criminal Defense Attorney - Public Intoxication Charges in The Woodlands, Texas

Montgomery County Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.

As a Montgomery County Criminal Defense Attorney, I have seen a significant increase in the enforcement of public intoxication laws in this county, particularly in comparison to other nearby jurisdictions such as Houston and Harris County. This is why it is crucial for individuals facing such charges to understand the range of punishments and defenses available to them.

Public intoxication is a criminal offense in Texas that involves being in a public place while being intoxicated to the point that you may cause harm to yourself or others. This law is covered under Texas Penal Code Section 49.02, which states that "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."

The range of punishments for a public intoxication conviction can vary depending on the circumstances of the case, but typically include fines, community service, and jail time in some cases. Unfortunately if you are charged with this class C misdemeanor offense you are likely to have been arrested and taken to jail even though jailtime is not part of the available punishment. This is because of the procedural choice an officer has at the beginning of the case. He may give you a citation but for Public Intoxication the officer has formed the belief that you are intoxicated and dangerous. As a matter of policy officers typically hold you in the jail, get your booking information and then you are released when the determination has been made that you are no longer intoxicated. In Montgomery County, the enforcement of this law is much more aggressive than in other neighboring counties, and the consequences of a conviction can be much more severe.

This is why it is crucial to have an experienced criminal defense attorney by your side if you are facing public intoxication charges in Montgomery County. There are various defenses that may be available to you, including challenging the evidence against you or arguing for reduced sentencing.

The most common place for people to be arrested for public intoxication in Montgomery County is near the Woodlands Waterway. The Woodlands Waterway is a popular destination for locals and tourists alike, offering a variety of dining, shopping, and entertainment options. However, with a bustling nightlife scene comes an increased risk of arrest for public intoxication. If you have been arrested for public intoxication in or near The Woodlands Waterway, it is essential to understand your rights and the legal process ahead of you.

As your attorney, I will thoroughly review the evidence against you, negotiate with the prosecution to reach a favorable outcome, and fight to protect your rights and freedoms. Don't face public intoxication charges in Montgomery County alone – contact me today to schedule a consultation and learn more about your legal options.


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.

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