Penal Code · §49.02
Public Intoxication
Elements
- A person appears in a public place
- While intoxicated
- To the degree that the person may endanger the person or another
Penalty
Class C misdemeanor — fine up to $500 (§12.23).
Enhancements
Officer may release the offender to a responsible person or, in lieu of arrest, may release the person to a treatment facility (§49.02(c–c-1)). Conviction of public intoxication is not a conviction of a crime involving moral turpitude.