Parties and celebrations on Memorial Day are a popular tradition. As with any major holiday, some people will include alcohol in their Memorial Day celebrations. It’s perfectly legal to consume alcohol responsibly as part of the festivities but getting drunk in public might lead to criminal charges.
According to the Texas Penal Code, “intoxication” is defined as having a blood alcohol concentration of .08 or higher. Intoxication can also refer to a physical state in which a person no longer has full control of their body and mind.
Public intoxication simply refers to the state of being legally intoxicated in a public place. For example, it’s not necessarily against the law to be intoxicated in a bar or restaurant. However, as soon as an intoxicated patron leaves the establishment, there’s a chance they could be arrested.
In order to arrest someone for being drunk in public, a police officer must have a reasonable belief that a person is intoxicated enough to present a danger to himself or others. For example, if John drinks three beers while watching a football game in a sports bar and then walks home without falling down or causing any problems, there’s no good reason to arrest him.
However, if John yells at people, stumbles and tries to start a fight on the way home, a police officer will have a reasonable suspicion that John is a danger to himself and others. In other words, John could be spending the night in jail with a public intoxication charge to deal with.
The best way to avoid a drunk in public charge is to avoid being arrested in the first place. Preparation is the key to having a safe, fun and arrest-free Memorial Day this year. Here are some steps to avoid a public intoxication arrest:
It’s no secret that police officers are more likely to arrest someone who is being a nuisance. After all, the police are on the lookout for trouble. If someone is legally intoxicated and doesn’t cause any trouble, the police won’t have any reason to stop that person.
This is why it’s important to drink responsibly. To avoid getting too drunk and out of control, it’s best to drink slowly while in the company of responsible people. It’s better to have a calm, quiet party than to spend Memorial Day in a holding cell.
It’s possible that you have taken these precautions and still got arrested for public intoxication. If this is the case, then it’s really important that you reach out to Brett A. Podolsky today by calling 713.227.0087.
*Image courtesy of freedigitalphotos.net
