By Collin County Criminal Defense Lawyer Jeremy Rosenthal
For the state to convict you of public intoxication, or PI for short, they must prove your level of intoxication is even higher than it would be for a DWI.
Here’s why: Texas Penal Code 49.01(2) defines intoxicated (in relevant part) as, “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body…”
The above definition of 49.01(2) is the definition used for Driving While Intoxicated in 49.04.
Here’s the difference, though — PI is governed by 49.02 and that code specifically says, “a person commits an offense if the person appears in a pubic place while intoxicatedto the degree that the person may endanger the person or…
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