Is public intoxication a serious charge in Texas?

Public intoxication is a Class C misdemeanor under Texas Penal Code §49.02, punishable by a fine of up to $500 with no jail sentence. But it is still a criminal arrest that can appear on your record and show up on background checks, which is why most people want it dismissed and expunged rather than simply paying the fine.

Can you go to jail for public intoxication in Texas?

There is no jail sentence for a Class C public intoxication conviction — the maximum punishment is a $500 fine. However, the officer can hold you in custody at the jail after the arrest until they believe you are no longer intoxicated, so you may spend several hours in jail before being released on a low or personal-recognizance (PR) bond.

What court handles Woodlands Waterway public intoxication cases?

Class C public intoxication cases from The Woodlands Waterway are filed in Justice of the Peace Precinct 3 of Montgomery County, located at 1520 Lake Front Circle, Ste. 100, The Woodlands, TX 77380. Your attorney can file a letter of representation and obtain the discovery — including any body-camera or surveillance video — that may help get the case dismissed.

Can a public intoxication charge be taken off my record?

Yes — if the case is dismissed or you are found not guilty, you can pursue an expunction, a separate civil proceeding that orders government agencies to destroy the records of the arrest. A conviction (including simply paying the fine) is not eligible for expunction, so it is important to talk to a lawyer before resolving the case.

Can I be arrested for public intoxication if I wasn't driving?

Yes. You do not have to be driving to be arrested for public intoxication. Many Waterway arrests happen after someone is removed from a bar, gets into an argument, or is left in public as a passenger after the driver is arrested for DWI. The State must still prove you were intoxicated to the degree that you may have endangered yourself or another person.

Montgomery County Public Intoxication Lawyer Woodlands Texas

▶ Watch: Public Intoxication - The Woodlands

If you have been arrested in the Woodlands Texas for public intoxication it was probably on "The Waterway." This is the nightlife and entertainment district of Montgomery County, Texas — an area packed with bars, restaurants, hotels, and event space along Waterway Square. People come from all over the country for conferences, festivals, and concerts at The Cynthia Woods Mitchell Pavilion, and a single night out can end with a Class C arrest. The good news: these cases are very often dismissed with the right help.

Public Intoxication at a Glance

Public intoxication in Texas under Penal Code §49.02 — the key facts at a glance.
Offense Level	Maximum Punishment	Court (Waterway)	Off Your Record?
Class C Misdemeanor	$500 fine · no jail sentence	JP Precinct 3, The Woodlands	Expungeable if dismissed or acquitted

Where Waterway Public Intoxication Arrests Happen

The Cynthia Woods Mitchell Pavilion — "The Pavilion" — is an outdoor amphitheater that seats more than 16,000 people and hosts concerts, festivals, and performing-arts shows throughout the year. Combined with the bars and restaurants of Waterway Square and Market Street, it draws large crowds and a heavy law-enforcement presence from the Montgomery County Sheriff's Office and Precinct 3 Constable's deputies.

Most public intoxication arrests on the Waterway start in one of a few ways: a bar or its security asks you to leave and calls deputies, a loud argument or disturbance draws police attention, or you are left in public as a passenger after the driver of your vehicle is arrested for DWI. For a closer look at how and when officers make these stops, see our post on when you can be stopped for public intoxication on the Waterway.

What Is Public Intoxication in Texas?

Public intoxication — sometimes called "drunk and disorderly" or "drunk in public" — refers to being visibly under the influence of alcohol or drugs in a public place. In Texas it is a Class C misdemeanor, punishable by a fine of up to $500. It is a defense to prosecution if the alcohol or other substance was administered as part of professional medical treatment by a licensed physician. Minors who commit the offense are punished in the same manner as an offense under the Alcoholic Beverage Code.

Importantly, the law is not meant to criminalize anyone who has had a few drinks and is behaving responsibly. It targets people who are so impaired that they may endanger themselves or others — and officers are given wide discretion to make that call. That discretion is exactly where a good defense begins.

Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

What Does a Class C Offense Mean?

A Class C offense is the lowest level of criminal offense in Texas, punishable by a fine of up to $500. Other examples include most traffic violations and some city-ordinance violations. A person convicted of a Class C cannot be sentenced to jail time — only a fine. The one exception with public intoxication is the original arrest itself, where an officer can hold a person in custody until they are no longer intoxicated.

What Court Does Public Intoxication Get Filed In?

Class C misdemeanors like public intoxication from the Waterway are filed in Justice of the Peace Precinct 3 of Montgomery County, Texas, located at 1520 Lake Front Circle, Ste. 100, The Woodlands, TX 77380. Court records are searchable online by anyone with an internet connection at the JP3 records portal.

Your attorney can file a letter of representation and receive discovery of the documents and videos in your case — body-camera footage, the offense report, and any bar surveillance — that can help prove your innocence or get the case dismissed.

What Should You Do If You're Arrested on the Waterway?

The State has the burden to prove not only that you were intoxicated, but that you were intoxicated to the point of being a danger to yourself or someone else. The calmer and more courteous you are, the harder that burden is to meet. A few practical points:

You are not required to answer questions about where you have been or how much you have had to drink.
The more quickly you compose yourself at the jail, the sooner officers tend to conclude you are no longer intoxicated and release you on a low or PR bond.
Do not discuss the facts of your case with anyone other than your attorney — calls from the jail are recorded.

Can You Get a Public Intoxication Charge Taken Off Your Record?

The best way to get a case taken "off your record" is to get it dismissed by the district attorney and then expunged. An expunction is a separate civil proceeding in Texas in which a person can have the records of the arrest, charge, and any disposition destroyed and removed from the official files of law enforcement agencies, courts, and state agencies.

For a Class C misdemeanor, expunction is available only if the person was acquitted, the charge was dismissed, or the person received a qualifying conditional discharge. A person who simply pays the fine and is convicted is generally not eligible — which is why it pays to talk to a lawyer before resolving even a "minor" ticket.

Why Choose Brian Foley Law PLLC for a Class C in Montgomery County?

When Brian was a prosecutor with the Montgomery County District Attorney's Office, he was assigned to the JP (Class C) prosecutor position at the start of his career and is the primary author of the Montgomery County District Attorney's Office JP prosecutor manual. Quite literally, Brian wrote the book on JP prosecutions in Montgomery County. He has helped numerous individuals get their public intoxication cases dismissed in JP3 and other courts. Come see us at our Market Street location at 9595 Six Pines Drive in The Woodlands, Texas. Public intoxication is also one of the areas handled by attorney Elizabeth Ardeel.

Helpful Links

Justice of the Peace Precinct 3 Montgomery County · Texas Penal Code 49.02 Public Intoxication · Woodlands Township Waterway · Find your loved one in jail

Public Intoxication in the Woodlands, Texas