Public Intoxication Charges Attorneys
Nobody anticipates the complications that can come with a public intoxication arrest. If you find yourself facing public intoxication charges, you might brush them off and assume your problems will go away after paying a fine. But these charges can leave a lasting mark on your life. Whether out at one of Austin’s many bars or nightclubs, or at one of the major events in the city, police take public intoxication seriously.
At Hildreth & Rueda, our Austin public intoxication attorneys understand the ramifications of these charges. With over 20 years of combined criminal defense experience, we have seen how one mistake can change everything, and we work hard to help our clients avoid a criminal record. If you have been arrested for public intoxication, let’s find a way to keep your record clean. Reach out to us today at 512-415-7648 or send us an email to discuss your case.
What Is Public Intoxication?
In Texas, the law is clear: you may face public intoxication charges if you are found in a public place while intoxicated to the degree that you could endanger yourself or others. While public intoxication is a Class C misdemeanor offense, a conviction could have an outsize influence on the rest of your life.
People think of public intoxication as being too drunk to function – but it can be more or less than that. There are many different types of behaviors that law enforcement can consider to be public intoxication and result in charges, which include:
- Signs of obvious impairment, such as throwing up or falling down
- Shouting or yelling at others nearby – typically in some sort of confrontational manner
- Sitting or resting in a place that could result in harm – like sitting down on the curb of a road or lying on a park bench
- Refusing to follow directions of police – for example, officers request that you wait to cross a road and you refuse
Being arrested for public intoxication means you could be taken to jail immediately. If you are convicted of your charges, you could face a fine of up to $500 – and a permanent entry on your criminal record. Having a criminal record can affect your future employment, education and even housing opportunities. As DWI lawyers, we are here to ensure that one mistake doesn’t define your future.
What Defenses Can You Have Against Public Intoxication Charges?
With the potential criminal penalties and the risk of a criminal record on the line, it is vital to defend yourself against public intoxication charges. Our DWI lawyers can help you by developing a legal strategy that focuses on the best defenses available to you in your case, depending on the unique facts involved. These defenses can include proving a lack of intoxication, proving an alternative reason for your behavior when you were arrested or challenging the grounds of the initial encounter with the police.
Proving A Lack Of Intoxication
In some cases, the best way to fight back against the charge of public intoxication is to show that you were not intoxicated at the time of your arrest. If the evidence from a breathalyzer or chemical test shows that your blood alcohol content was lower than the legal threshold, that can provide a solid defense for you. The burden is on the prosecution to prove your state of inebriation beyond a reasonable doubt, and if the evidence is not in their favor, it can be devastating to their case.
Alternative Reason For Intoxicated Behavior
In addition to proving a lack of intoxication, you may have had a different reason for why you were behaving in an intoxicated manner when you were arrested. Some medical conditions can present as intoxication, such as diabetes or fatigue, and some medications can also give you side effects that are similar to the signs of inebriation. In addition, you may have become involuntarily intoxicated without your knowledge, which can also provide a defense against your public intoxication charges.
Challenging The Initial Police Stop
One of the best ways to beat the charges against you in a criminal case is to show that the police never had any legal reason to interact with you. If your case shows that the police did not have a valid, legal reason to suspect that you were publicly intoxicated, then that can be raised as a defense to exclude all of the evidence generated from that interaction. In some cases, a violation of your rights may have occurred that requires the court to exclude evidence generated from that violation, which can potentially eliminate all of the evidence against you.
With our DWI lawyers’ help, we can develop a plan to take advantage of the unique facts in your case and raise any and all defenses that may apply to help you reduce or eliminate the charges against you. Your best defense is a proactive legal strategy that results in a strong case focused on undermining the prosecution’s theory of the case by exploiting the weaknesses in the evidence against you.
Fight Back Against Public Intoxication Charges
Arrested for public intoxication? Don’t wait. Taking action now can make all the difference in your case and your life. Contact Hildreth & Rueda today for a free consultation. Our DWI lawyers speak Spanish and are committed to serving the diverse Austin community. Reach out to us by phone at 512-415-7648 or by email.