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How to Avoid (or Deal With) Summertime Public Intoxication Charges

Chris Perri

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

Photograph by Frank Alcazar used under the Creative Commons Attribution License.

In the summer months of Austin, Texas, time seems to stop. Everyone knows the days are long and ridiculously hot. The sun is oppressive, and we are all constantly dripping with sweat. Half of the city is on school break or traveling. Thus, it’s understandable that workdays need Barton Springs swim breaks and margarita-filled happy hours. In this heat-induced and alcohol-infused blur, it’s no surprise that summer is the most common time for people to rack up Public Intoxication (PI) arrests.

Many of us will be intoxicated in public at one point or another, and as long as you aren’t driving or acting in a way that’s unsafe, that’s perfectly legal. However, it is at the discretion of police officers to determine what behavior is deemed dangerous. The Texas Penal Code defines Public Intoxication (PI) as when: “a person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.”

Below, Chris Perri has outlined a few general tips on how to avoid a PI and what to do if you find yourself in the back of a police car.

How to Avoid Getting a PI

  • Don’t overdrink alcohol in public places. As obvious as it may sound, it’s the truth. If you want to keep the party going, move it to your house to minimize the risk of arrest.
  • Avoid aggressive behavior. Police officers most commonly make PI arrests when they see people fighting or on the brink of a physical altercation.
  • Adhere to pedestrian walking laws. If you are walking in the street or not following basic pedestrian laws, a police officer may interpret this as dangerous behavior. If they believe your erratic behavior is the result of drinking alcohol, then you’ll likely be in handcuffs before too long.
  • Walk straight and don’t slur your words. Again, easier said than done, but if you feel yourself getting to this point, it’s a good time to flag down a taxi or call a friend to take you home.
  • Avoid urinating in inappropriate places, AKA non-bathrooms. Believe it or not, this behavior happens frequently and draws attention to law enforcement.

What to Do Once You Are Arrested

If an officer has approached you and seems likely to arrest you for a PI, the best thing you can do is cooperate. Though getting arrested can be scary, remember, a PI is only a Class C Misdemeanor charge that carries no jail time. Likely, they’ll take you to the jail for one night to “sleep it off,” and you’ll be released the next day. However, if you see a judge while in custody, make sure you don’t plead “guilty” or “no contest” without consulting with an attorney. In most cases, skilled attorneys can help you get the charge dismissed and eventually expunged if you are willing to take an educational class and perform community service. However, if you plead guilty, this will lead to a conviction, which will make the crime ineligible for expunction.

The worst thing you can do when getting arrested for a PI is to resist or act aggressively. If you try to resist, you will likely be charged with Resisting Arrest, which is a Class A Misdemeanor that carries jail time and is harder to dismiss. Worst-case scenario: your resisting escalates to an Assault on a Public Servant, which is a felony, and then you’ll still be dealing with the charge when summer is long gone.

If you or a loved one has recently been arrested for a PI or a related charge, call Chris Perri at (512) 917-4378 for advice on how to best navigate the specifics of your case.