When you are drunk, you can be charged with a crime in Texas. Title 10, Chapter 49 of the Texas Penal Code lists nine intoxication and alcoholic beverage offenses.
1. Public Intoxication
An individual commits the crime of public intoxication when they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. Intoxication is defined under Texas law as not having the normal use of your mental or physical faculties or having a blood alcohol concentration of 0.08 or more.
Public intoxication is a Class C misdemeanor punishable by a fine of up to $500.
2. Possession of Alcoholic Beverage in Motor Vehicle
A person commits this offense when they knowingly possess an open container in a passenger area of a vehicle located on a public highway. It does not matter if the car is being operated or is parked. An individual can be charged with possession of an alcoholic beverage in a motor vehicle even if they are not drunk.
Possession of an alcoholic beverage in a motor vehicle is a Class C misdemeanor punishable by a fine of up to $500.
3. Driving While Intoxicated
A person commits driving while intoxicated (DWI) offense when they operate a vehicle in a public place while intoxicated.
In general, a DWI is a Class B misdemeanor punishable by 72 hours to 180 days in jail. If the person had an open container in their possession, the minimum confinement is increased to six days. Furthermore, if the individual’s BAC was 0.15, the offense is a Class A misdemeanor punishable by up to a year in jail and a maximum fine of $4,000.
4. Driving While Intoxicated with Child Passenger
A person commits the offense of driving while intoxicated with a child passenger if they are intoxicated while operating a vehicle with a passenger under the age of fifteen. It is a state jail felony punishable by up to two years in state jail and fines up to $10,000.
5. Flying While Intoxicated
An individual commits the crime of flying while intoxicated if they operate an aircraft while intoxicated.
Flying while intoxicated is a Class B misdemeanor, punishable by 72 hours up to 180 days in jail and fines up to $2,000.
6. Boating While Intoxicated
An individual commits the crime of boating while intoxicated if they operate a watercraft while intoxicated. Boating while intoxicated is a Class B misdemeanor, punishable by 72 hours to 180 days in jail and fines up to $2,000.
7. Assembling or Operating an Amusement Ride While Intoxicated
An individual commits the crime of assembling or operating an amusement ride while intoxicated if they are intoxicated when they operate or assemble a mobile amusement ride.
It is a Class B misdemeanor, punishable by minimum confinement of 72 hours and up to 180 days in jail and fines up to $2,000. The minimum jail term is six days if the individual had an open container.
8. Intoxication Assault
An individual commits intoxication assault when they operate a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated in a public place, causing serious bodily injury to another person. Texas law defines serious bodily injury as any injury that “creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”
Intoxication assault is a third-degree felony punishable by a prison sentence between two and ten years and a fine of up to $10,000.
9. Intoxication Manslaughter
An individual commits intoxication manslaughter when they operate a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated in a public place and cause the death of another person by accident or mistake.
Intoxication manslaughter is a second-degree felony charge punishable by two to twenty years in prison and a fine of up to $10,000.
What Should You Do If You Have Committed a Crime While Drunk in Frisco, Texas?
If you have been arrested for a crime you committed while drunk in Frisco, Texas, you should reach out to an experienced criminal defense lawyer. These crimes have serious legal consequences. A qualified attorney will fight to protect your rights and get you the best outcome possible.
Speak to an Experienced Criminal Defense Attorney
Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. He has years of experience defending individuals against intoxication crimes in the Dallas-Fort Worth area. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.