Texas Public Intoxication Laws - PI Laws

In Texas, anyone who is intoxicated in public may be subject to a public intoxication conviction (PI) if they are caught by a law enforcement officer. Public intoxication is when someone is intoxicated to the extent that they may be a danger to themselves or others and it is grounds for arrest. A PI is a class C misdemeanor and is punishable by a fine up to $500 for each occurrence. In addition, most jails now require that a person arrested for public intoxication be held for at least 4 to 12 hours before being released.

With the help of the TABC, Glazer’s Distributors has created an informational flyer that describes the signs of public intoxication to help retailers recognize when a customer has over-consumed. As the state’s largest wine, spirit and beer wholesaler, Glazer’s will be able to distribute these fact sheets to retail customers across the state. Click here to download a PDF version of the card.

The Law

Public Intoxication Statute of Texas

49.02 Public Intoxication

"Public Intoxication" means:

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.

"Intoxicated" is defined as:

1. not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

2. having an alcohol concentration of 0.08 or more.

An offence under this section is a Class C Misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor.

The Role of Retailers in Selling to Intoxicated Persons

Bartenders and wait staff are legally required to look out for signs of intoxication and are instructed to refuse to continue serving someone who appears to be intoxicated. Section 101.63 of the Alcoholic Beverage Code makes it a crime to sell alcoholic beverages to an intoxicated person. Selling alcohol to an intoxicated person is a misdemeanor punishable by a fine of not less than $100 nor more than $500 and/or up to a year in jail.

Sources: Texas Alcoholic Beverage Code: Online PDF Document 1333K; TABC Administrative Rules: Online PDF Document 489K