Public Intoxication
Penal Code 49.02 — intoxicated in public, to the point of danger
A person commits public intoxication in Texas by appearing in a public place while intoxicated to the degree that the person may endanger themselves or another. A premises licensed or permitted under the Alcoholic Beverage Code is a public place for this section, and intoxicated has the chapter's meaning: without the normal use of mental or physical faculties, or at 0.08 or more.
Public intoxication is the Class C offense the citation rule leaves out. It is a Class C misdemeanor. The Code of Criminal Procedure lets an officer issue a citation instead of taking a person before a magistrate for a Class C misdemeanor, other than public intoxication.
It is a defense that the alcohol or other substance was given for therapeutic purposes as part of treatment by a licensed physician. For a person younger than 21 it is punished as the Alcoholic Beverage Code punishes a minor's offenses, and it is not a lesser included offense of driving while intoxicated.
Sources for this section (3)
- Penal Code 49.02 — Public intoxication
- Penal Code 49.01 — Definitions for intoxication offenses, including intoxicated
- Crim. Proc. art. 14.06 — Taking an arrested person before a magistrate, and citations instead
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.