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Jul 1, 2009 9:01 pm US/Central
Public Intoxication: Not So Clear And Sober
DALLAS (CBS 11 / TXA 21) ―
The weekend raid of a Fort Worth gay bar has put the role of the Texas Alcoholic Beverage Commission in the spotlight, including what the agency can and can't do. While investigating the TABC, CBS 11 News has learned something that is sure to rile a lot of North Texans.
When it comes to public intoxication, many people across North Texas seek clarification. What constitutes a public place? What level of intoxication must a person reach? Does any of it even matter?
In the State of Texas, just being drunk is a crime. You do not have to be causing problems or fighting or driving under the influence of alcohol to get arrested. Being drunk, in and of itself, is technically a crime.
From cars to bars, there is no hiding from a public intoxication citation.
"When he put cuffs on me, I just laughed," recalled Chris Pierce. The Dallas resident was cited for public intoxication in a car. He was the passenger. The 28-year-old said that he thought he was safe riding with a designated driver.
"You get a safe ride home so that you're not a danger to yourself or anyone else," Pierce said. "And then you get punished for it."
The same idea even applies inside a bar. The TABC has been cracking down on public intoxication in bars and clubs because the law is on their side. According to the Texas penal code, public intoxication is when a person appears in a public place while intoxicated to the degree that the person may endanger the person or another. The law also says that a place licensed or permitted under the alcoholic beverage code is a public place.
So, what does 'endanger' mean?
Dallas defense attorney Toby Shook said the term is vague, at best. "You can arrest people on probable cause, but it's very hard to prove that they are a danger to themselves or others," said Shook.
Shook also believes that 'public intoxications' are sometimes issued to liberally. "If officers want to quell a situation, or if they get angry with people, they can be very quick to arrest them on PI," he said.
While many bar owners and patrons are quick to condemn public intoxication citations, Dallas club owner Don Nedler said that his experiences with TABC inspections have been positive, so far. "They've been very courteous," the Lizard Lounge owner said. "They start out with a handshake and then come in and do a bar check. They check our permits to make sure that we're doing our job."
Public intoxication is a misdemeanor, punishable by a fine between $100 and $500, and/or a year in jail.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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