Public Intoxication

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Public Intoxication”, as per § 49.02 of the Texas Penal Code, occurs when a person appears in a public place while intoxicated to the degree that the person may endanger the person or another. For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

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.

An offense under this section is a Class C misdemeanor.

An offense under this section is not a lesser included offense under Section 49.04.

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.

Punishment Range

Misdemeanor C

Fine not to exceed $500

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