Legal Question in Criminal Law in Texas

Re: Public intoxication while on probation

There are a lot of issues to be addressed in your situation. In order to show that you committed the offense of public intoxication, the prosecutor must prove that you were intoxicated to the point that you were a danger to yourself or others. This is different than intoxication for purposes of DWI, and is more difficult to prove. The fact that no field sobriety tests were performed makes it more difficult for the State to prove their case against you. However, keep in mind that in a hearing on a Motion to Revoke your probation, the standard of proof is less than in a normal trial, and there is no right to a jury. Also, even if the judge agrees with the State that you committed the offense of public intoxication, that does not necessarily mean that your probation will be revoked and that you will be sent to prison. The judge could still keep you on probation. It all depends on many other factors and how your attorney handles your case. It is important that you have an attorney to represent you in this matter, because as you noted, you could be sent to prison. I hope this answers some of your questions. Good luck, and let me know if I can be of any help.