Is It Illegal to Be Drunk in Public in Austin?
Let’s face it. With so many universities in the area and new downtown bars popping up right and left, Austin is a party town. And while everyone knows it’s illegal to drive while intoxicated (DWI), many people wonder: Is it illegal to be drunk in public in Austin, Texas? Why do some people get arrested for public intoxication, while others do not? Should I avoid drinking away from my house all together?
Don’t pour your fancy cocktails or craft beer down the drain just yet.
Lots of people 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, it’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.”
Again, the definition is subjective, and even if you drink responsibly, you could find yourself in need of a Travis County criminal defense attorney such as Chris Perri.
However, to avoid an arrest – or to know what to do if you find yourself handcuffed – read the tips below.
How to avoid a Public Intoxication charge in Austin, Texas:
Don’t over-drink 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 jaywalking in the street or not following basic pedestrian laws, a police officer may interpret this as dangerous behavior. If they believe your behavior is the result of drinking alcohol, then you’ll likely end up in the backseat of a cop car.
Walk straight, and don’t slur your words. Again, easier said than done if you’d have a few, but if you feel yourself getting to this point, it’s a good time to call a rideshare or friend to take you home. Do not drive yourself. It is dangerous to you and everyone else. Not to mention, you run the risk of getting a DWI.
Avoid urinating in inappropriate places, AKA non-bathrooms. Believe it or not, peeing in public happens frequently, especially after a few drinks, and this sort of behavior draws attention to law enforcement.
Do not engage in sexual activity in public. Seems fairly obvious, but all joking aside, this will get you arrested.
What to do – and NOT do – if you’re getting arrested:
If an Austin police officer has approached you and seems likely to arrest you for Public Intoxication, your best bet is to cooperate. Though getting arrested can be scary, remember, a PI is only a Class C Misdemeanor charge, and it carries no jail time.
If they tack on another charge, you can still get out of jail fast. Likely, the cops will take you to the Travis County Jail or the Sobering Center for one night to “sleep it off,” and you’ll be released the next day.
However, if you see a judge while in custody in Austin, make sure you do NOT plead guilty or “no contest” without consulting an attorney. In most cases, a skilled criminal defense lawyer can help get the charge dismissed and eventually expunged.
If you do plead guilty, this will lead to a conviction, which will make the arrest ineligible for later expungement. This means it will stay on your record forever. Do not plead guilty without talking to a lawyer first!
But the absolute worst thing you can do when getting arrested for Public Intoxication in Austin is to resist or act aggressively. If you try to resist, you will likely be charged with Resisting Arrest, which is a much harsher crime – a Class A Misdemeanor. You’re resisting could even escalate to an Assault on a Public Servant, which is a felony.
Whether the charge is minor or more severe, you’ll need the help of a proven criminal defense attorney. With over 20 years of experiencing winning cases for clients in Travis County, Hays County, Williamson County, Burnet County, Bastrop County, and throughout Texas, contact Chris Perri at (512) 269-0260 or www.chrisperrilaw.com for a FREE consultation today.