Unfortunately, that's not the statute number. However, thank you for attempting to get it.
The reason I asked for the statute number is XXXXX the statute number specifies exactly what an individual has been charged with.
It's not uncommon for an individual to refer to a charge on way when he/she has actually be charged with something different (or with numerous charges), so it's best to have someone provide the statute.
However, based on you having said public intoxication, I'm going to provide information about the statute below. If you find there's a different statute, another statute, etc. that might apply based on the paperwork, you're welcome to provide that number to me and I'll get you some more information if possible. The statute is below.
For an individual age 21 or over, public intoxication is a class C misdemeanor
. The good news is that jail isn't an option for a class C misdemeanor. The bad news is that the fine can range up to $500, and a repeat offender runs a higher risk of a higher fine.
Further, if an individual has a history of substance abuse related charges, that can adversely affect a custody matter because courts look at a child's best interests in custody determinations (and as you can imagine, they often find placing children with a parent who has a substance abuse history troublesome).
There's no silver bullet defense for public intoxication. There's no way I can provide you with a defense that she can take to court that's going to defeat the charge for her. That depends on the details of the situation.
Unfortunately, she's going to need to retain an a criminal
defense attorney to represent her in the matter, protect her interests, evaluate any possible defenses, etc.
I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Sec. 49.02. PUBLIC INTOXICATION. (a) 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.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.
Acts 2007, 80th Leg., R.S., Ch. 68, Sec. 25, eff. September 1, 2007.