Galveston is a place people come to relax. You bring a cooler to the beach, have a few drinks, walk the Strand at night. Many of the public intoxication cases we handle involve people who don't live here.
What the State has to prove
Under Texas Penal Code Section 49.02, a person commits public intoxication if they appear in a public place while intoxicated to the degree that the person may endanger themselves or another. That danger element is the key. Police usually don't get involved unless there is an altercation, a report, or something that looks dangerous: crossing the road between the beach and the restaurants in an unsafe way, or riding a bike or walking along the Seawall in a way that draws an officer's attention.
The beach, the Seawall and the Strand
- The beach is a public place. Bringing drinks is common; the question is whether your behavior looked dangerous.
- The Strand: if you are asked to leave a bar and end up outside, you are now in public. Licensed premises count as public places under the statute anyway.
- The passenger problem: if the driver of your car is arrested for DWI, you are suddenly standing on the side of the road. If you can't get a ride quickly, you may be arrested for public intoxication.
If you're stopped
The officer is probably wearing a body camera that records everything. Be as polite as you possibly can and say as little as possible. The less you say, the more opportunity you have to appear coherent, and the harder it is for the State to prove you were a danger.
The goal: dismissal, then expunction
Most public intoxication cases are Class C misdemeanors. For most people, the goal is keeping the charge off their record. We negotiate with the prosecutor, present arguments to the judge when needed, and work toward a dismissal. A dismissed case may be eligible for expunction, which requires the court, the prosecutor and the jail to destroy their records of the arrest.
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