I left an establishment and i was under the influence of alcohol i walked to my car to wait for my wife to come pick me up and was arrested for public intoxication?

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I left an establishment and i was under the influence of alcohol i walked to my car to wait for my wife to come pick me up and was arrested for public intoxication?

My defence was that I was not endangering anyone or being rowdy or anything. Can I get off of this charge with this defense?

Asked on April 30, 2014 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The charge of public intoxication is not predicated on being rowdy or a danger--its based upon being intoxicated to a certain degree or level in public. What you state would not constitute a legal defense to the crime, though it would be mitigating factors that may cause the prosecutor and/or judge to look more favorably on you and seek a less punishment (e.g. just a fine).


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