Public Intoxication Attorney Galveston - Brian Foley and Luis Baez of Galveston Criminal Defense and DWI attorneys can help with your Public Intoxication charge!
When it comes to public intoxication in Galveston, Texas, there are some important points to consider—especially for visitors and residents who frequent the beach or the vibrant areas along the Strand. One of the most common questions people ask is, "Can you be arrested on the beach for public intoxication?" Here’s what you need to know.
Public Intoxication on the Beach in Galveston
The beach is a popular destination, known for its relaxed atmosphere where many bring coolers and enjoy a few drinks with friends or family. However, while this is allowed, it’s essential to remember that the beach is a public place. By law, any area that the public can access is considered public for the purposes of public intoxication charges. Therefore, yes, you can be arrested for public intoxication on the beach in Galveston.
But the story doesn’t end there. Just being intoxicated in a public place isn’t enough for an arrest. Under Texas law, for a public intoxication charge to stick, law enforcement must demonstrate that you’re intoxicated and pose a danger to yourself or others. Police typically won’t get involved unless there’s an incident—such as an altercation, a report of unsafe behavior, or risky actions like crossing roads dangerously or biking in a hazardous manner. Officers often respond to reports of these types of actions to maintain public safety.
If you’re simply enjoying a drink without any issues, the police may not approach you. However, if they believe your behavior could endanger yourself or others, an arrest may follow. Sometimes, individuals are issued citations or arrested if their intoxicated behavior presents a risk to public safety, like swerving on a bike or causing disturbances.
Public Intoxication and Arrests: What Happens Next?
When it comes to public intoxication cases, officers usually lean towards arrest rather than issuing a citation and leaving you in the area. The reason is simple: if they release you, you could remain in an unsafe state, potentially creating a risk to yourself or others. This is also why public intoxication charges often lead to detainment, even if you’re willing to cooperate.
In some cases, public intoxication arrests happen when someone is in a vehicle with an intoxicated driver. If the driver is arrested for a DWI, passengers may suddenly find themselves in a public setting, without safe transport. Officers sometimes try to help individuals in this situation find another way home, but if you’re unable to secure a ride quickly, you could face an arrest for public intoxication. Officers have a duty to protect public safety and may make this decision if no other immediate solution is available.
Public Intoxication on the Strand: Private Businesses and Public Consequences
Another frequent question is whether you can be arrested for public intoxication on the Strand, known for its bars, restaurants, and bustling nightlife. While these are private businesses, the answer is still yes. Here’s how it works: if an individual gets into an altercation or disruptive situation inside a business that serves alcohol, the staff may decide to eject them from the premises. However, once outside, that person is now in a public space. Even if someone was initially intoxicated in a private area, they can face a public intoxication charge once they’re out in the open.
A common scenario is when someone is asked to leave a bar or restaurant after causing a disturbance. If an individual is highly intoxicated and ends up in a public area, officers may arrest them for public intoxication to prevent any further risk. Although it may seem unfair to some, this is how the law operates to maintain public order.
Out-of-Town Residents Facing Public Intoxication Charges
Galveston is a popular tourist destination, so it’s not unusual for non-residents to face public intoxication charges while visiting. Many people are concerned about the logistics of handling such charges, especially if they don’t live locally or own a second home in the area. Fortunately, if you hire an attorney for a public intoxication case in Galveston, your attorney can typically appear in court on your behalf, which can save you from traveling back and forth.
Most public intoxication cases are classified as Class C misdemeanors. For many clients, the primary goal is to keep this charge off their record. An attorney can negotiate with the prosecutor, present arguments to the judge, and potentially arrange for a case dismissal. In some cases, a dismissal may lead to expunction, which allows for the complete removal of the case from your record.
Expunction: Clearing Your Record
An expunction is the best possible outcome in any criminal case. Once a case is expunged, all records associated with the incident are deleted from government databases. This includes records kept by the court, the prosecutor, the jail, and any agency that documented your arrest. An expunction essentially erases the arrest from public access, allowing you to move forward without the burden of a criminal record for public intoxication.
Final Thoughts
Understanding Galveston’s public intoxication laws can help you stay safe and avoid legal trouble. Remember, this information is for educational purposes only. If you have more specific questions or need legal assistance, consider consulting a professional.
Stay safe, make responsible choices, and enjoy your time in Galveston responsibly!
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