Public Intoxication That Was Neither Public Nor Intoxication

According to the Texas Penal Code, a person can be charged with public intoxication

if that person "appears in a public place while intoxicated to the degree that the person may endanger the person or another." This description of public intoxication leaves a lot of room for interpretation. For example, what constitutes a public place? How is it determined if a person is a danger to themselves or someone else and, perhaps more importantly, who does the determining? Are more public intoxication arrests made in Austin than in other parts of Texas? An Austin Criminal Lawyer will have the correct answers to all of these questions.

The Texas courts are riddled with cases of people who were charged with the criminal offense of public intoxication unjustly. Folks who were arrested and hauled off to jail without being given a breathalyzer or a field sobriety test. Some were even arrested on their own property or as passengers in a vehicle right here in Austin. Because the law is so vague, critics claim that it can be used as a free for all by law enforcement officials who are looking to meet an arrest quota or who have a prejudice against a particular group of people.

Of course, most police officers are hard working men and women who faithfully serve their communities and protect each one of us from any criminal activity. Unfortunately, however, there are a few who do not treat everyone fairly or who do not always behave as ethically as they should. Sadly, these officers can, and sometimes do, arrest people for public intoxication even when the person isn"t intoxicated, isn"t in a public place, and doesn"t pose any sort of danger to anyone.

The law is extremely vague, and the actions of some in law enforcement very capricious. Therefore, it is extremely important that anyone who is arrested for public intoxication in Austin to contact an Austin criminal lawyer right away. This is especially true if no test for intoxication was given or if officers seemed to be indiscriminately arresting folks inside or outside of an establishment that serves alcohol.

Every person in the United States has the right to be presumed innocent until proven guilty. Those charged with public intoxication are entitled to this right just as much as anyone. A good criminal lawyer knows the kinds of questions to ask to protect the rights of those who have been charged with public intoxication. And if the person has been unfairly charged, a criminal lawyer can work to get them the justice that they deserve. No one should be unjustly accused of anything, but to be accused of a crime without any reason or any proof is unconscionable.

by: maxstephon

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