Legal Question in Criminal Law in Texas

Re: dwi vs public intoxication

Although this is likely not the answer you were hoping for, in Texas a person in such a situation may be successfully prosecuted under that set of facts. There may, however, be issues of proof that the prosecutor would have to overcome, and absent a field sobriety test, blood sample or intoxilizer sample -- the prosecutor might have difficulty winning such a case if taken to jury trial. Depending on what the additional facts of your case may be, a competent attorney should be able to secure you a very reasonable plea offer, if not, deferred adjudication (whereby the PI would not go on your record). The primary loss then would be through short term drivers license suspension.

Should you have any further questions or concerns or desire legal counsel, I will be happy to consult with you at no charge via e-mail: [email protected] or via phone at 254.756.5004 Thanks, and all the best to you in the resolution of this issue.