Search
  • Brian Foley

The Woodlands DWI Attorney - When can you be stopped for Public Intoxication on the Waterway?

The Woodlands DWI Attorney - When can you be stopped for Public Intoxication on the Waterway?


The waterway in the woodlands is a favorite spot to gather with friends, have a good time, and yes from time to time drink alcohol. Well what happens when you encounter an officer who wants to arrest you for public intoxication? A public intoxication charge is a class C misdemeanor and can be a nasty scar on your record. The law says that if you are in a public place while intoxicated to the degree that you may endanger yourself or another person then you may be found guilty of Public Intoxication.


How does this work? Well lets say you just got done having a few drinks at Goose's Acre and are heading over to Hearsay to get the Kobe Burger, (it's really good by the way) and an officer hears you talking loudly to your friend about how your gonna kill that Kobe! Well an officer might conclude that you have become intoxicated and made a threat that could endanger another. Officers may try to approach and talk with you or see if you have a ride. Other situations where a bar manager has contacted police about a disturbance which resulted in you being removed from a bar could end up with an arrest for Public Intoxication in the Woodlands, Texas.




What should you do if you are arrested for public intoxication in JP3 in The Woodlands Texas? The first thing you should do is try to compose yourself. The State has the burden of proof to prove not only that you were intoxicated but that you were intoxicated to the point that you were a danger to yourself and others. The more polite and courteous you can be the less likely they will be able to prove their case. It may be the case that the only reason you were arrested was because the driver of the vehicle in which you were a passenger was arrested for DWI. In this scenario you are left in public without a ride and police may believe that the easiest thing to do is simply arrest you for Public Intoxication instead of helping you find a ride or an Uber. Cases like this can be extremely frustrating because you become the victim of circumstances outside of your control.


When you get to the jail they are going to hold you until such time that they believe you are no longer intoxicated on alcohol or drugs. The more quiet and courteous you can be the faster they are going to believe that you are no longer intoxicated and you are likely to be released from jail on a low bond or a PR bond.


A PR bond is a promise to appear in court by a certain date. If you have been arrested on the Waterway in the Woodlands Texas your court will be Justice of the Peace Pct. 3. The Court's website is available at the following link. https://www.mctx.org/departments/departments_g_-_j/justice_of_the_peace_precinct_3/index.php.


If you've been arrested and released from jail you should call a Board Certified Criminal Defense Attorney in your area to assist with your defense. Cases like Public Intoxication can be enhanced with prior convictions and could lead to jail time in extreme cases.


Sec. 49.02.  PUBLIC INTOXICATION.  (a)  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.
(a-1)  For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b)  It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d)  An offense under this section is not a lesser included offense under Section 49.04.
(e)  An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

BORING LEGAL DISCLAIMER

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.

2 views0 comments