Public intoxication or drunk and disorderly laws vary from state to state, but generally these charges occur when a person displays some evidence of intoxication in a public place. The intoxicated person is usually being obnoxious, aggressive, or violating the rights of others, or rules that are associated with a particular venue.
In Texas, public intoxication is addressed under the Texas Penal Code Section 49.02. A person commits an offense if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. Intoxication is defined as not having the normal use of mental or physical faculties due to the consumption of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more. The offense is considered a Class C misdemeanor, which may result in a fine up to $500. Texas law does not require a person to be obnoxious, aggressive, or to be violating the rights of others to be charged with public intoxication; the potential to endanger oneself or others is sufficient. It's important to note that local ordinances may also have additional regulations regarding public intoxication.
