Fort Worth Public Intoxication Defense Lawyer

Trusted Attorney for Public Intoxication Charges in Fort Worth, Texas

When a police officer suspects someone of going out in public while drunk, that person could be subject to criminal charges. If you have been accused of this offense, you should treat it seriously, regardless of whether this is your first brush with the law or not. A Fort Worth, TX public intoxication defense attorney can take your side in court and argue for a favorable outcome on your behalf.

At The Meza Law Firm, PLLC, we investigate allegations of public intoxication in thorough detail. Attorney Edwardo Meza has earned hundreds of positive reviews from past clients, and he is widely respected throughout the area as an attentive lawyer.

When Can You Be Charged With Public Intoxication Under Texas Law?

Public intoxication in Texas occurs when a person appears in a public place while intoxicated to the point that they are putting themselves or other people at risk. A public place can include a street, sidewalk, parking lot, bar, restaurant, park, or any other area open to the public. Intoxication can involve alcohol, drugs, or a combination of substances.

Unlike a DWI charge, the state does not need a blood alcohol test to prove public intoxication. An officer can rely on observations such as slurred speech, unsteady balance, the smell of alcohol, or confused behavior.

The danger element is often the most debated part of the charge. Officers have wide discretion in deciding whether a person posed a risk, and arrests frequently happen outside bars and entertainment venues, near traffic, or after an argument. Public intoxication is usually a Class C misdemeanor punishable by a fine of up to $500. Even so, a conviction creates a criminal record that can appear on background checks, and repeat offenses can lead to harsher penalties.

Defenses Against Claims of Public Intoxication in Fort Worth

Fighting a public intoxication claim often begins with a close look at what the officer actually observed. Signs like red eyes or the smell of alcohol do not prove that a person was intoxicated. Fatigue, a medical condition, or nervousness during a police encounter can look similar to impairment. Body camera footage and witness accounts can help show that you had normal use of your mental and physical faculties.

The state must also prove that you were a danger to yourself or others. Simply having a few drinks and walking home quietly does not meet that standard. In addition, the arrest may not hold up if you were inside a private residence or another location that does not qualify as a public place.

Texas law also provides an affirmative defense when the alcohol or other substance was given for therapeutic purposes as part of professional medical treatment by a licensed physician. This defense can apply when a person reacts to prescribed medication in a way that resembles intoxication. For first-time offenders, alternatives such as deferred disposition or a diversion program may allow the charge to be dismissed after certain conditions are met.

What Is Disorderly Conduct?

Disorderly conduct is a separate offense in Texas that covers a range of public behavior considered offensive, alarming, or disruptive. Prosecutors sometimes file this charge along with public intoxication or as a substitute for it. Examples include using abusive or profane language in public that tends to provoke an immediate fight, making an offensive gesture, creating unreasonable noise, fighting in a public place, or exposing oneself in a way that is likely to offend others.

Most forms of disorderly conduct are Class C misdemeanors. However, the charge can become a Class B misdemeanor when it involves displaying a firearm in a manner meant to alarm people or discharging a firearm in a public place. A Class B conviction carries up to 180 days in county jail and a fine of up to $2,000. Free speech protections and the context of the incident can both play a role in defending these charges.

Contact Our Fort Worth Public Intoxication Defense Attorney Today

One night out should not leave a permanent mark on your record. At The Meza Law Firm, PLLC, we are here to defend you from the moment of your arrest to the judge's final verdict, making sure your rights are upheld at every stage. Call 817-732-6392 or contact our Fort Worth, TX public intoxication defense lawyer to set up a free consultation.