How Can a Lawyer Help You Fight a Public Intoxication Charge?
Texas is the second-largest state in the U.S., with a diverse population spread across major cities like Houston, Dallas, and Austin and vast rural areas. This diversity means that laws around public intoxication are enforced throughout a wide range of environments, from busy urban nightlife scenes to small-town gatherings.
According to the Texas Penal Code, appearing intoxicated to the extent that you can cause harm or endanger those around you may warrant an arrest. The law applies even at bars, restaurants, and other places licensed to sell alcohol. This can lead to a fine of up to $500 or even jail time for repeat offenders.
The consequences become even worse for minors since it can result in community service or getting their driver’s license suspended. Even though getting arrested for public intoxication might seem like a small issue, it can quickly escalate. Luckily, having experienced public intoxication attorneys in Texas can work in your favor and make a difference in your case.
Below are the different ways a lawyer can help:
Analyze the Arrest
An attorney will start by looking closely at the circumstances surrounding your arrest. For example, did the officers have probable cause to arrest you? Were you truly a threat to yourself and those around you?
Public interpretation laws have some room for interpretation. Additionally, the police might make quick arrests because of factors like profiling. A lawyer will evaluate whether your rights were in any way violated and whether the arrest was lawful.
Question the Evidence
The work of the prosecution is to present evidence, and your attorney will try to poke holes. In many public intoxication cases, an arrest is based mostly on an officer’s observation. For instance, a police officer can arrest you for public intoxication even if it was just you and them around.
This means that hard evidence like breathalyzers may not be there. A lawyer can challenge the officer’s opinion, especially if you were not aggressive. They can also bring a witness who will testify in your favor.
Build a Strong Defense
Public intoxication does not mean someone was drunk and causing problems. An attorney can argue you were sick, tired, or dealing with a medical issue that made you appear intoxicated.
They can also argue that you were not in a public place and maybe just standing outside your home waiting for a ride. In short, a lawyer will build a defense according to the facts presented in your case, even if it means challenging where you were and how you were acting.
Negotiate a Better Outcome
If the evidence against you seems foolproof, then a lawyer can negotiate a more favorable outcome. If it is your first offense, they may try to get your charges dismissed.
In cases of repeat offending in places like Texas, where you might be facing a 180-day jail term, a lawyer can push for alternatives like diversion programs. This can help you avoid conviction if you meet the requirements for community service or alcohol education.
Protect Your Future
A public intoxication charge may appear in your background check. This can affect your employment and housing opportunities. A good lawyer will guide you on how to get the charges dropped or dismissed. They can also get it removed from your record.
Conclusion
Being charged with public intoxication can be embarrassing and frustrating, but this does not have to define you. An attorney can help you fight back against the charge and protect your rights.
