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 |
Learn more about this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Worked example 1
Public Intoxication under §49.02 is what level of offense?
- Class C misdemeanor Correct
- Class B misdemeanor
- Class A misdemeanor
- State jail felony
Why: Public Intoxication is a Class C misdemeanor — fine only, up to $500.
Statute: Tex. Penal Code §49.02