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Your Texas DWI Lawyer wants you to be well informed. We are providing the Texas Code (excerpts of the actual Texas DWI law) to keep you abreast of the latest new DWI laws in the State of Texas.

Note: These excerpts are for informational purposes only. Please consult your Texas DWI Lawyer for legal advice if you are facing issues with the DWI (also known as DUI) law in Texas.

§ 49.02. PUBLIC INTOXICATION.

(a) A person commits an offense if the person appears in a public place while[0] intoxicated[0] to the degree that the person may endanger the person or another.

(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, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1997, 75th Leg., ch. 1013, § 12, eff.
Sept. 1, 1997.

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