Galveston is a place people come to relax. You bring a cooler to the beach, have a few drinks, walk the Strand at night. And a lot of the questions we get about public intoxication come from people who don't live here.
Here's what you need to know.
Can you be arrested for public intoxication on the beach?
Absolutely. Anywhere the public has access to can be a public place, and that includes the beach.
But being intoxicated in public is not enough by itself. 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 big deal.
Usually police aren't going to get involved unless there's some kind of altercation, or someone reports, or an officer sees, something that looks dangerous. Crossing the road between the beach and the restaurants in an unsafe way. Riding a bike or walking along the Seawall in a way that draws an officer's attention.
Can you be arrested on the Strand if you were inside a bar?
Yes. What normally happens is someone gets into an argument or a fight inside a place that serves alcohol, they get kicked out, and they're arrested once they're outside.
You may have heard the old comedy bit: "I was drunk in a private place, and you put me in public." They'll still arrest you, and you'll have to deal with the case. And under Section 49.02, a premises licensed or permitted under the Alcoholic Beverage Code counts as a public place anyway.
The passenger problem
Sometimes a public intoxication arrest happens because you were the passenger in a car where the driver was arrested for DWI. You were in a private vehicle. Now you're standing on the side of the road, in public. If you can't get a ride quickly, the officer may not know what else to do with you and will arrest you.
What to do if you're stopped
Remember the officer is probably wearing a body camera, and it's recording everything you say and do. That is not the time to say "this is an illegal arrest" or "don't you have anything better to do?"
Be as polite as you possibly can, and say as little as possible. The State has to prove you were so intoxicated that leaving you to get a cab or a ride on your own would actually be dangerous. The less you say, the more opportunity you have to appear coherent.
To win at trial, the State has to prove every element beyond a reasonable doubt, including that you were a danger to yourself or someone else.
What if you don't live in Galveston?
This is one of the most common questions we get. People are here on vacation, or they have a beach house and live somewhere else, and they don't want to keep driving back to Galveston for court dates.
Most public intoxication cases are Class C misdemeanors. If you hire an attorney, the attorney can appear in court for you. We negotiate with the prosecutor, present arguments to the judge if needed, and try to resolve the case so you don't have to come back. No one can guarantee a particular result. Every case depends on its evidence.
The goal: a dismissal, then an expunction
For most people with a public intoxication charge, the goal is getting it off their record. If the case is dismissed, you may be able to get it expunged later.
An expunction is the best outcome in a criminal case. It's a legal process that removes the case from your record completely. The government agencies involved, including the court, the prosecutor, and the jail, have to destroy their records of the arrest.
This post is for educational purposes only and is not legal advice.