Penal Code · §49.02

Public Intoxication

Elements

  • A person appears in a public place
  • While intoxicated
  • To the degree that the person may endanger the person or another

Penalty

Class C misdemeanor — fine up to $500 (§12.23).

Enhancements

Officer may release the offender to a responsible person or, in lieu of arrest, may release the person to a treatment facility (§49.02(c–c-1)). Conviction of public intoxication is not a conviction of a crime involving moral turpitude.

Practice questions about Public Intoxication

Start Practice
Back to all offenses