Legal Question in DUI Law in Texas

Re: public intoxication

Yes. The only exception I can think of is that the person was in the car in their own garage on their own property.

Re: public intoxication

Hello there,

The elements the State must prove in a public intoxication case are as follows:

a) must be in a public place

b) must be intoxicated

c) must be a threat to himself or

others.

The part of being a threat to yourself or others is the key question. Unless your out in public drunk and waving stick or some other object around I don't know how you are a threat to yourself or others.

I have seen cases where someone was so drunk that they passed out in a parking lot and the officers believed he was a threat to himself because other cars could have driven over him.

It is common practice in certain areas for someone to be arrested for a DWI and all the passengers be arrested for PI.

These cases have to be fought aggressively.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

3301 GOLDEN RD

STE. 410

TYLER, TEXAS 75701

STATE WIDE REPRESENTATION

STATE WIDE TRAFFIC TICKET DEFENSE

TylerJustice.com