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Public Intoxication versus Driving While Intoxicated

Trichter & LeGrand DWI Lawyers
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PUBLIC INTOXICATION VERSUS DRIVING WHILE INTOXICATED

Trichter & LeGrand DWI Lawyers

The difference between being publicly intoxicated and driving while intoxicated is simple:  

Public intoxication or “P.I.” is when a person who has been drinking proves to be a danger to himself or a danger to others. 

For driving while intoxicated or DWI purposes, “intoxication” is defined as having lost the normal use of mental or physical faculties or the person has an alcohol concentration of .08 Blood Alcohol Content (BAC) or more. 

In other words, you would have to be more intoxicated to be charged with public intoxication than you would to be with driving while intoxicated.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Is it legal to drive a motor vehicle while drinking an alcoholic beverage, and if not, what are the penalties?

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CAN I DRIVE WHILE DRINKING ALCOHOLIC BEVERAGE?

No, it is not legal to be driving while drinking and alcoholic beverage.

It is a class C misdemeanor for you to operate a car while you personally possess an open alcoholic beverage container. 

This penalty, as noted earlier, increases if you are arrested for DWI

Additionally, recent legislation also prohibits any passenger from having an open alcoholic container unless the person is a passenger in the living quarters of a motor home, a limousine, a bus, a taxi, or a motor vehicle designed, maintained, or used primarily for transportation of persons for compensation.

TELL US ABOUT YOUR CASE

You're Just One Step Away!

Attorneys on-call 24/7. Form Submissions have a fast response time. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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