Penal Code · §49.02

Public Intoxication

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

To prove this offense, the State must establish each of the following elements: Appears in a public place; While intoxicated to the degree the person may endanger himself or another; Class C misdemeanor.

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

Elements you must prove

  • Appears in a public place
  • While intoxicated to the degree the person may endanger himself or another
  • Class C misdemeanor
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 toStatute
Minor under 21 (PI by minor)Class C misdemeanor with juvenile-court overlayTex. Alc. Bev. Code §106.071

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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