Galveston is a place people come to have a good time. You bring a cooler to the beach, you have dinner and drinks on the Strand, you walk the Seawall. And every weekend, some of those good times end in a public intoxication arrest.
I hear the same assumptions about these cases over and over. Here are the most common myths about public intoxication in Galveston, and what's really true.
Myth 1: "Being drunk in public is enough for a charge."
It isn't. Texas Penal Code Section 49.02 says a person commits public intoxication if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person.
The police don't just have to prove you were intoxicated and in public. You have to become a danger to yourself or others. That's the element that matters. Typically police aren't going to get involved unless there's some kind of altercation, someone reports that you crossed the road between the beach and the restaurants in a dangerous way, or an officer sees it happen himself. People get stopped walking and riding bikes, too.
Myth 2: "The beach isn't a public place."
It absolutely is. The beach is an environment where people bring their own coolers and have a few drinks, and that's fine. But anywhere the public has access to can be a public place for purposes of public intoxication. You can be arrested on the beach.
Myth 3: "I was inside a private bar, so it can't be public intoxication."
The bars and restaurants on the Strand are private businesses, and yes, you can still be arrested. What normally happens is somebody gets into an argument or a fight inside a place that sells alcohol, and the staff kicks them out. Now they're outside, in public.
There's an old comedy sketch about this: "I was intoxicated in a private place, and you put me in public." It still gets you arrested, and you still have to deal with the case. Public places include streets, parks and even licensed establishments like bars and nightclubs.
Myth 4: "I wasn't driving, so I'm fine."
Sometimes public intoxication arrests happen because you were a passenger with someone who gets arrested for driving while intoxicated. A minute ago you were in a private vehicle. Now you're standing on the side of the road, in public, and the officer has nothing to do with you. Every now and then an officer will let you get a ride. If you can't get one quickly, you get arrested too.
Myth 5: "They'll just write me a ticket."
Public intoxication typically results in an arrest, not just a citation. The reason is simple: if the officer lets you go, you're still in that same unsafe situation. Public intoxication is a Class C offense, so there's no jail sentence, only a fine, but there is the initial arrest, and you can be held in custody until you're sober.
Myth 6: "It's only a fine, so it doesn't really matter."
Public intoxication is a Class C misdemeanor in Texas, punishable by a fine of up to $500. That sounds like a traffic ticket. But it's a criminal offense, and if the case isn't handled correctly, it becomes a permanent conviction on your criminal history. Police, businesses, apartments, friends and family can find out you were arrested and convicted.
That's why for most of my clients, the goal isn't the fine. It's getting this off their record. If we get the case dismissed, we can get it expunged later, and that's the best thing that can happen in a criminal case. An expunction removes the case from your record completely. The court, the prosecutor, the jail, everyone who knew you were arrested or wrote a report, has to destroy those records.
Myth 7: "I'll have to keep driving back to Galveston for court."
A lot of the people arrested here are on vacation, in town for a conference or festival, or own a beach home and live somewhere else. They don't want to be traveling back and forth to Galveston for court dates.
If you hire an attorney on a public intoxication case, we can appear for you. We go to court, negotiate with the prosecutor, present an argument to the judge if we need to, and try to work the case out so you don't have to come back to court at all.
Myth 8: "I'll just call the court and explain what happened."
Don't. Public intoxication cases arrested in the city are filed in the Galveston Municipal Court, and the records there can be searched online by anyone. Anything you say can and will be used against you in a criminal proceeding. It's always better to let a lawyer contact the court for you. Your attorney can file a letter of representation and get discovery, the documents and videos in the case, which can help prove your innocence or get the case dismissed.
The bottom line
Being intoxicated in Galveston isn't a crime by itself. Being a danger to yourself or others in a public place is, and that includes the beach, the sidewalk outside a Strand bar, and the shoulder of the road after your driver gets pulled over. It's only a fine, but it's a conviction that stays with you. Get it dismissed, then get it expunged.
This post is for educational purposes only and is not legal advice.