Skip to main content

If you find yourself facing charges for public intoxication within the boundaries of Tarrant County, Texas, reach out to The Hampton Criminal Defense Lawyers, PLLC immediately to safeguard your reputation. It’s imperative to engage a well-versed and assertive legal expert specializing in public intoxication cases who can facilitate a settlement that paves the way for expungement of this arrest from your criminal history.

Many venues anticipate that their customers will indulge in some drinks during their visit. Nonetheless, situations might escalate if someone perceives your alcohol consumption as problematic and notifies the police, potentially leading to a public intoxication arrest.

According to the Texas Penal Code, Section 49.02, a person is guilty of public intoxication if they are visibly intoxicated in a public setting to an extent where they might pose a danger to themselves or others. This section also stipulates that locations licensed under the Alcoholic Beverage Code are considered public places, and the administration of alcohol for medical reasons by a certified physician can serve as a defense in such cases.

It’s essential to understand that mere public intoxication doesn’t suffice for a conviction. The legislation demands proof of endangerment to oneself or others due to intoxication. The legal definition of “intoxication” in Texas encompasses a blood alcohol concentration of 0.08 or above or a noticeable impairment of your cognitive or physical abilities due to alcohol.

Does Public Intoxication Necessitate a Breath or Blood Test?

Contrary to popular belief, the authorities are not obliged to offer a breath or blood test to affirm a public intoxication charge. Regrettably, many arrests are based solely on the subjective judgment of a police officer, open to scrutiny in court.

For a viable defense, if an officer fails to pinpoint clear signs of intoxication like red eyes, slurred words, or instability, a jury might lean towards acquittal, especially if there is video evidence of the encounter. It’s not uncommon for police to make arrests based on personal biases, often leading to unjust charges. The onus is on the State of Texas to substantiate every aspect of the public intoxication charge beyond reasonable doubt for a conviction.

Moreover, the endangerment factor is largely subjective, relying on the officer’s assessment and is open to challenge in court. Even if you were significantly inebriated but remained composed without causing disturbances or engaging in hazardous activities, there’s a high probability of a Tarrant County Jury ruling in your favor.

Regrettably, law enforcement officers sometimes make arrests based more on alcohol consumption than actual intoxication or potential danger, a standard that must be upheld in court. It’s not rare for officers to position themselves near popular nightspots in Arlington, like the 7th Street area, seeking individuals exiting establishments at closing time who might seem or smell like they have been drinking. This approach often leads to unwarranted arrests and an unpleasant overnight stay in jail, even for individuals who were not causing any disruptions or displaying signs of significant impairment.


Under state law, public intoxication is classified as a Class C misdemeanor, which incurs a maximum penalty of a $500 fine without any jail term. Nevertheless, the repercussions can be severe, including adverse effects on insurance eligibility and employment prospects.

Being arrested for public intoxication brings significant implications. A citation without an arrest might have been less problematic, but being detained and fingerprinted creates a criminal record that’s accessible to the public, potentially affecting your professional prospects. Therefore, it’s vital to resolve your case in a way that avoids a criminal conviction and to pursue expungement of your criminal record.

How Can Representation from a Public Intoxication Attorney Benefit You?

Many individuals frequently inquire about the necessity of engaging an attorney to defend against a public intoxication accusation. The answer varies greatly depending on your personal circumstances. If having a criminal record doesn’t concern you, there may not be a need to retain a defense attorney. Conversely, if maintaining a clear record is a priority, then securing the services of a skilled and proactive public intoxication attorney can offer numerous benefits.

When you opt to self-represent in a public intoxication hearing, you generally encounter two paths: accepting the fine or proceeding to trial. What might remain undisclosed is the fact that paying the fine equates to a guilty plea, permanently imprinting the arrest on your criminal record. If safeguarding your record is imperative, abstain from accepting the fine! Should you reject the fine, be prepared to take your case to a jury trial, as insisted by the prosecutor.

Representing oneself in a jury trial can potentially place you at a considerable disadvantage. Even if your conviction about your innocence is steadfast, the jury’s judgment is based on the evidence deemed admissible by the judge. Are you familiar with the legal stipulations of the Texas Rules of Evidence? Without this knowledge, you may find yourself at a disadvantage as the municipal prosecutor counters your attempts to vindicate yourself, leveraging your unfamiliarity with court regulations and evidence rules to their advantage. Unfortunately, this scenario could lead to you being overshadowed and outplayed as the judge aligns with the prosecutor’s objections and guidance to the jury.

A viable solution to avoid unjust treatment in Arlington municipal court, or other jurisdictional courts within Tarrant or Dallas County, is to enlist the expertise of a top-tier public intoxication lawyer. The foremost attorneys in this field are recognized for their adeptness in handling criminal cases, a reputation that often facilitates more favorable outcomes even without proceeding to a jury trial.

By having a seasoned public intoxication attorney manage your case, you unlock additional avenues that might not be available when you self-represent. Here are three prevalent strategies that could lead to the dismissal of your public intoxication case:

Discharge due to Insufficient Evidence – Opting for representation from The Hampton Criminal Defense Attorneys, PLLC grants you an opportunity for a comprehensive examination of the available evidence. Our team works collaboratively with you to discern the precise and imprecise elements of the case. By scrutinizing police reports and other materials, we may unearth evidence that establishes reasonable doubt regarding your state at the time of arrest, using this to advocate for a dismissal based on the prosecution’s inability to substantiate the charges beyond a shadow of doubt. Our meticulous approach often unveils inaccuracies in police documentation, enabling us to leverage this information in your favor.

Conditional Acquittal – Even when the circumstances don’t appear favorable, there’s still a chance to secure a case dismissal. Your attorney can negotiate a conditional dismissal with the municipal prosecutor, wherein fulfilling specific prerequisites, like attending an alcohol awareness program or community service, results in the dropping of charges.

Favorable Jury Trial Outcome – Remember, a jury trial is always an option. If negotiations reach an impasse, your attorney can compel the state to substantiate their case in court, potentially leading to a dismissal if the officer fails to testify or cannot convince the jury of your alleged intoxication and threat to yourself or others.

Is Your Record Cleared Following a Dismissal?

Contrary to popular belief, case dismissal doesn’t automatically expunge your record. To officially remove all traces of your arrest and charges, you must initiate an expunction procedure. It’s essential to liaise with your lawyer immediately following a not guilty verdict or case dismissal to start this process.

In Tarrant County, Texas, this process generally spans 30 to 45 days, commencing with a petition filing accompanied by a stipulated fee. Following this, your attorney will attend an expunction hearing to secure the necessary judicial orders to obliterate all records of your arrest from pertinent agencies, ensuring your past doesn’t haunt your future.

If you find yourself grappling with a first-time public intoxication charge and desire to preserve a clean record, allow the proficient team at The Hampton Criminal Defense Attorneys, PLLC to assist you in securing a dismissal and wiping your slate clean. Leveraging over 80 years of combined criminal law experience, our team, comprising of former prosecutors, is prepared to safeguard your future. Contact us now at 817-826-9905 for a complimentary consultation.