Penal Code · §49.02

Public Intoxication

Appears in a public place while intoxicated to the degree that the person may endanger himself or another.

The base classification is Class C misdemeanor, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Appears in a public place
  • While intoxicated to the degree the person may endanger himself or another
Texas Law — Charge Details
Class C Misdemeanor
Offense
Public Intoxication
Statute
Tex. Penal Code §49.02
Classification
Class C misdemeanor

Appears in a public place while intoxicated to the degree that the person may endanger himself or another.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Minor under 21 (PI by minor)Class C misdemeanor; a third offense by a minor who is not a child is punishable by a $250–$2,000 fine, up to 180 days in jail, or both; community service, alcohol awareness and license suspension required

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Worked examples

Worked example 1

Public Intoxication under §49.02 is what level of offense?

  1. Class C misdemeanor Correct
  2. Class B misdemeanor
  3. Class A misdemeanor
  4. State jail felony
Why: Public Intoxication is a Class C misdemeanor — fine only, up to $500.
Statute: Tex. Penal Code §49.02