Last night I was outside of a bar, about to get a cab home. Before I was able to, I was approached by police who told me I was getting arrested for public intoxication. Yes, I was drunk, but not to the point of being so impaired that I was any kind of threat, or where I couldn’t get myself home. My main concern: I got a DUI 2 years ago, in the state I am from (I recently moved), which was the first and only time I’ve ever been in trouble with the law. My record has been spotless since. The police officers were so rough with me that I have huge bruises on my wrists & both of my hands are swollen - one is twice its normal size. I feel the way I was treated was inhumane and I'm not sure what kind of rights I have? Is any of this worth fighting? Will the repercussions be worse b/c of the DUI?
Get a lawyer and fight the public drunkenness charge. You should be able to beat that or plead it down to publich nuisance, or something else not having to do with alcohol. It's never good to get in trouble while on probation.
You should definitely fight the public intoxication. In Texas, you must be a danger to yourself or others to be guilty. You also are at risk for revocation of your probation for picking up a new charge and maybe for even drinking at all. I am happy to speak with you in more detail about your rights and options about the case and the treatment you received from the police officers. Good luck to you.
Paul Holt WalcuttCriminal Defense AttorneyAustin, TX ·
The intoxication standard for public intoxication in Texas is very vague and it allows officers to make arrests like this pretty easily. Even with a prior DUI, an experienced attorney should be able to get you a deferred disposition at worst. If you can take an alcohol class, maybe do some community service and stay out of trouble for the deferred period, you could get this case dismissed as well. As long as you are no longer on any sort of supervision, the old charge should not result in a revocation. But you should definitely talk to a criminal defense attorney.
You do need to be concerned about your new case. If you are on probation for DUI/DWI and you pick up another alcohol related offense, your probation is potentially threatened by the new offense. You should make every effort to seek a dismissal on the Public Intoxication case. I do need to mention that these posts are read by the public including court officers like your probation officer and the Judge so use caution and do not admit that you were drunk. Those statements are not inadmissible against you at a hearing to revoke probation.
You can reach me at telephone 512-499-0969. Good luck.
David B. Frank
Attorney
