If i plead not guilty for a Public intoxication charge in Texas and for some reason i am found guilty, what could happen??

Asked about 3 years ago - Brownsville, TX

my friend had been drinking and was stopped for speeding and the officer came to the car and took her for a brief sobriety testing then arrested her, then came back for me and just told me to get off, without asking me or "observing" me at all and handcuffed me without telling me the reason, if i hadn't asked. he didn't give a a sobriety test at all and i want to know if i have a chance if i plead not guilty in court and if i somehow am found guilty, what can happen to me?

Attorney answers (2)

  1. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The officers are not required to give you field sobriety tests or a breath test when arresting you for public intoxication. However, if you are convicted and it is a first or 2nd PI, then you will only be fined. If it is a 3rd or more, you could get jail time.

    Hire a lawyer and fight it. The burden on is on the prosecution to prove it and they don't have much proof based on what you report.

    (He arrested to you to "mess you up" as a witness for your friend. He wants the State to be able to argue that you were intoxictated therefore you are not in a good position to testify that she was not intoxictated.)

  2. Nicholas Ryan Poehl

    Contributor Level 10

    Answered . The maximum penalty on Public Intoxication (assuming that it's not your 3rd or more) is a $500 fine, plus the costs of court. If it IS your 3rd or more, more significant penalties may be involved.

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