DWI VS PUBLIC INTOXICATION (PI) IN TEXAS
Public Intoxication and DWI are not the same charge, and while they both have to do with drunkenness, the consumption of alcohol or other intoxicating substances, and being in public, they are very different crimes according to Texas law.
To break it down specifically, the statutory definition for the term “intoxicated” is not equal in regards to the two charges. The definition for DWI intoxication, loss of normal mental or physical faculties and/or BAC of .08 or higher, requires a lesser measure of intoxication than public intoxication in Texas.
For the purposes of public intoxication, you are “intoxicated” when you are a danger to either yourself or others. In addition, police officers will usually video DWI suspects, and as a person in possession of a driver’s license, you have conditionally pre-agreed to take either a breath or blood test upon request after your arrest for DWI. This is the definition of implied consent, which we have discussed before.
Compared to Public Intoxication in Texas, there is no such agreement or taping procedure.
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- Public Intoxication (PI)
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
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“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
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“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
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“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
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“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
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“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
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“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
Potential Consequences for Public Intoxication
In addition to the differences in definition, the punishments for DWI and public intoxication vary quite a bit.
Specifically, Public Intoxication is included in the lowest category for criminal offenses. It is a Class C misdemeanor, which carries the possibility of up to a $500 dine — no incarceration may be assessed upon conviction of this type of misdemeanor alone.
This is how the Texas Penal Code reads for Public Intoxication:
Sec. 49.02. PUBLIC INTOXICATION. (a) 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.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
Houston Public Intoxication Attorney
While public intoxication in Texas is a low level offense, it is possible to be unfairly charged with such a crime, or have previous charges used against you in cases related to public intoxication, dwi, or other related charges or arrests.
Working with a public intoxication defense attorney may help you navigate your legal situation more easily. At Law Offices of Gary Trichter, we have years and years of experience handling the public intoxication, DWI, and drug possession cases in Houston and Texas. We’re familiar with the legal codes for both local and national handling of intoxication based cases.
If you’re interested in learning more about how to fight your public intoxication case in Texas, contact us today for a free consultation.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.