Spend enough time on Sixth Street, and you’re bound to see at least a few PI arrests: almost 3000 Austinites have been charged with Public Intoxication since the beginning of 2011. Based on the name of the crime, that might not come as a surprise; Austin is a city with a popular entertainment district, and on any given night, officers see hundreds of people who are in public and drinking. However, as the number of PI cases continues to skyrocket, some citizens are questioning how much discretionary authority police officers should really hold.

The Texas Penal Code claims that a person can be convicted of Public Intoxication if they are drunk, in a public place, and could “endanger [themselves] or another.” The third qualification is the most important: an individual is not committing a crime simply by being drunk in public. This critical detail, however, is often not taken into consideration when a PI arrest is made. There have been several high-profile PI cases in which citizens claim that they were arrested simply because they said the wrong thing to an officer.

Furthermore, Austin police must decide on their own if someone is “intoxicated” or not. Whereas other crimes rely on objective standards to determine if an individual is committing a crime (such as a .08 BAC for DWIs), a Public Intoxication charge is left up to the officer’s own subjective judgment. Cops must assess a suspect’s actions without a set of concrete criteria. Due to this oversight, a person could be arrested for a PI without being intoxicated at all… and in many cases, that’s exactly what happens.

In spite of this criticism, the Austin Police Department still refuses to clarify exactly what qualifies as Public Intoxication. Some believe that this works to their advantage: PI cases bring in thousands of dollars each year. In cases such as these, it’s important to remain aware of your rights. If you believe that you’ve been wrongly convicted of a PI or another misdemeanor, contact the McMinn Law Firm.

Underage drinking is a major problem in Texas and costs the state around $5.5 billion annually. There was a study done on secondary schools in the state and the results were astonishing. In the study 68 percent of students reported lifetime use of alcohol, 33 percent reported current use, 23 percent say they binge drink, and 68 percent claimed it was easy to obtain alcohol if they wanted it. With these high numbers of underage alcohol consumption it is important to inform minors of Texas underage drinking laws, penalties associated with consumption, and the consequences that follow.

If you are a minor in the state of Texas and you purchase, attempt to purchase, possess, or consume alcohol for the first time and are caught you will be charged with:
- Class C misdemeanor
- May be required to attend an Alcohol Awareness class
- 20 to 40 hours of community service
- 60 days of drivers license suspension

For second offenses the punishment is the same except you may be required to do community service for 40 to 60 hours with up to 120 days of license suspension. If a minor is 17 years of age or older and this is their 3rd offense they can be fined up to $2,000, placed in jail for up to 180 days, and can have their license suspended for 180 days with no occupational license.

If you are an adult in Texas you are not allowed to provide alcohol to any minor even if they are on your property, or have parental permission, unless the parent is with them. Remember that your residence is your responsibility. If you violate this you can be sentenced up to one year in jail with a $4,000 fine. Your driver’s license could be suspended for 6 months, and there is a possibility that you can be sued if the person you administered the alcohol to hurt someone else, themselves, or damaged property.

Fake IDs in Texas

Fake ID’s are a major problem among high school and college age students. If you are caught in possession of a fake ID, or caught delivering or manufacturing counterfeit identification you can be charged with:

- Possession, Class C misdemeanor
- Possession of Counterfeit Identification, Class A misdemeanor, up to $4,000 fine and 1 year in jail
- Tampering with Governmental Record, 3rd degree felony, 2-10 years in jail and a fine up to $10,000

Consequences of underage drinking go far beyond just physical damage. Misdemeanors appear on criminal background checks, so if you are applying for a job and don’t get it that may be why. Applying for admission to graduate school is a competitive process and having a misdemeanor or felony on your record will be a setback. In the long run having any offense from underage drinking on your record will hurt your reputation and credibility in the eyes of everyone around you.