Texas Public Intoxication Lawyers
Trey Porter | Last Reviewed: July 2026
Trey Porter Law is a Texas criminal defense law firm focused on defending people charged with Public Intoxication under Texas Penal Code § 49.02 and working to secure dismissals that protect records, jobs, licenses, and future opportunities.
Trey Porter Law has never had a client convicted of Public Intoxication. Led by Trey Porter, the firm brings 40+ years of combined courtroom experience to every case.
A Public Intoxication conviction creates a permanent criminal record that cannot be expunged. A dismissal closes the case without a conviction and preserves eligibility for expunction.
Protect Your Record Today
You can’t change what happened, but you can change what happens next. Submit a form or call 855-336-5366 to speak with a real Texan in Texas. No call centers. No robots.
Can a Public Intoxication Charge Be Dismissed in Texas?
Yes. A Public Intoxication charge can be dismissed in Texas if the State cannot prove the charge under Texas Penal Code § 49.02.
To convict, the State must prove that the person was intoxicated in a public place to the degree that the person may endanger themselves or another.
Trey Porter Law has obtained dismissals in Texas Public Intoxication cases by:
- Showing that the facts did not establish the required danger
- Exposing evidence that did not prove intoxication to the degree required by law
- Showing that the location did not qualify as a public place under Texas law
- Suppressing statements obtained in violation of Miranda or other constitutional protections
A dismissal can preserve record-clearing eligibility. A conviction creates a permanent criminal record that cannot be expunged.
What Happens After a Public Intoxication Arrest in Texas?
After a Public Intoxication arrest in Texas, most people are booked into jail while some receive cite and release for later court. Either way, a criminal prosecution begins. Public Intoxication is a Class C misdemeanor, not just a ticket. It is a real criminal case with court dates, deadlines, and record consequences.
The case proceeds through municipal court or Justice of the Peace court depending on where the incident happened. These cases can take months to resolve, and how they are handled can determine whether the result is a dismissal or a permanent conviction.
Many people charged with Public Intoxication are told to just pay the fine and move on. That is usually a mistake. In most cases, paying the fine results in a conviction and a permanent criminal record.
Trey Porter Law handles Public Intoxication cases from start to finish with one goal: dismissal. The firm appears in court for clients when permitted and works to protect the client’s record and future.
How Serious Is a Public Intoxication Charge in Texas?
A Public Intoxication charge in Texas is serious because a conviction creates a permanent criminal record. Public Intoxication is a Class C misdemeanor under Texas Penal Code § 49.02, which leads many people to underestimate it as a minor fine-only offense.
The real problem is not jail exposure. It is the permanent record, which can follow someone on background checks, school applications, housing screenings, and professional licensing reviews.
That is why paying a fine to close the case can be a costly mistake. A charge that looks small at the start can create lasting problems if it ends in a conviction.
Dismissal is the #1 Goal.
- 1,000+ Public Intoxication and criminal defense matters handled
- No client ever convicted of Public Intoxication
- Dismissals secured through motions to suppress evidence
What Should You Do After a Public Intoxication Charge in Texas?
After a Public Intoxication charge in Texas, the first steps are to hire a lawyer, identify any disclosure issues, and confirm the court date.
- Contact a Texas Public Intoxication Lawyer Immediately
A lawyer can make the case run smoother from the start. Counsel can handle filings, request evidence, coordinate court scheduling, and often appear for the client when permitted. - Identify Disclosure Requirements
Employers, schools, and licensing boards often require disclosure after a criminal charge. This is especially important for nurses, teachers, law enforcement personnel, active-duty military, and students. Sometimes the biggest risk from Public Intoxication comes from outside the courtroom. - Don’t Miss Court
Public Intoxication cases can involve multiple court settings. Missing one can lead to a warrant, added costs, and a case that becomes harder to resolve.
What Not To Do After a Public Intoxication Charge in Texas?
Don’t pay the fine and don’t plead guilty.
In most cases, paying the fine results in a criminal conviction and a permanent criminal record. It closes the case by turning the charge into a conviction.
Pleading guilty also results in a permanent criminal record.
The goal should be dismissal, not just getting the case over with.
What Is Public Intoxication in Texas?
Public Intoxication in Texas is a Class C misdemeanor under Texas Penal Code § 49.02. A person can be charged if an officer believes the person appeared in a public place while intoxicated to the degree that the person may endanger themselves or another person.
Public Intoxication is one of the easiest alcohol-related charges for police to allege and one of the easiest for people to underestimate. The charge often depends on officer observations, a broad definition of public place, and an officer’s judgment about possible danger rather than a fixed chemical-test result or an actual injury. That combination makes Public Intoxication dangerous for anyone who wants to protect a clean record.
Trey Porter Law handles these cases with one goal: securing dismissals that protect the client’s record and future.
What Are the Penalties for Public Intoxication in Texas?
The penalties for Public Intoxication in Texas can include a fine, court costs, community service, classes, counseling, and a permanent criminal record if the case ends in conviction. Public Intoxication is a Class C misdemeanor under Texas Penal Code § 49.02.
The direct penalties are limited, but the real risk is the conviction itself. A Public Intoxication conviction can follow someone on background checks, school applications, housing screenings, and professional licensing reviews.
That is why the cost of conviction is often much greater than the fine. What looks like a minor offense can create long-term consequences that are far more expensive than the court punishment.
Does a Public Intoxication Charge Show Up on a Background Check?
Yes. A Public Intoxication charge appears on background checks while pending and can remain visible after dismissal unless expunged.
Public Intoxication records can affect:
- Employment offers and promotions.
- Professional licenses and licensing board reviews.
- Military service and security clearances.
- Internships and early-career opportunities.
Mugshots, arrest records, and court records also remain publicly accessible unless cleared through expunction.
Criminal Records Are Public Records.
You can’t change what happened, but you can change what happens next. Submit a form or call 855-336-5366 to speak with a real Texan in Texas. No call centers. No robots.
Can Public Intoxication Be Expunged in Texas?
Yes, in the right circumstances. Public Intoxication cases can be expunged under Chapter 55A of the Texas Code of Criminal Procedure when the law allows.
A Public Intoxication conviction cannot be expunged. That is why dismissal matters.
Public Intoxication charges qualify for expunction when:
- The case was dismissed outright.
- The person was found not guilty.
- Charges were never filed and the waiting period passed.
- Another Chapter 55A expunction path applies.
Expunction requires a court order and does not happen automatically.
How Long Does Public Intoxication Stay on Your Record in Texas?
Forever. Texas criminal records remain publicly accessible forever by default.
Qualifying Public Intoxication charges can be removed through expunction or sealed through nondisclosure. Both require separate court filings and court orders.
Dismissal doesn’t mean a clean record. Only a court order through expunction or nondisclosure can clear the arrest from public view.
How Long Does a Public Intoxication Case Take in Texas?
Most Texas Public Intoxication cases take 60-180 days once filed in court. In Texas, the statute of limitations for Public Intoxication gives police and prosecutors up to 2 years to bring charges. While they rarely wait the full 24 months, multi-month delays before filing are common.
Once filed, the timeline depends on the court’s docket, evidence availability, and your desired outcome.
The fastest way to close a Public Intoxication case is to pay the fine. That creates a conviction and permanent record.
Dismissals take longer to achieve, but protect your record and future opportunities.
How Can a Public Intoxication Charge Affect a College Student in Texas?
A Public Intoxication charge can create two problems for a college student in Texas: the criminal case itself and separate consequences at school.
Public Intoxication is a Class C misdemeanor under Texas Penal Code § 49.02. For students, being charged can result in campus disciplinary proceedings, scholarship loss, fraternity or sorority suspension, team discipline for student-athletes, and class conflicts caused by court settings.
A conviction can also create a permanent criminal record that affects graduate school admissions, internships, character and fitness reviews, and future employment background checks.
Universities often address student conduct separately from the criminal court process, which means school consequences do not always wait on the court result.
Trey Porter Law regularly represents college students charged with Public Intoxication. Securing a dismissal helps protect both academic standing and future professional opportunities.
Can a Public Intoxication Charge Affect a Nurse’s Career in Texas?
Yes. A Public Intoxication charge can create problems for nurses in Texas even before the criminal case is resolved. Texas Penal Code § 49.02 makes Public Intoxication a Class C misdemeanor.
- License renewal requires disclosure of pending criminal matters, and a conviction creates a separate disclosure problem. Employers may also have their own reporting requirements while the case is pending.
- The Texas Board of Nursing’s Disciplinary Guidelines for Criminal Conduct show that alcohol-related convictions can trigger scrutiny and professional risk.
Trey Porter Law regularly represents nurses charged with Public Intoxication. Securing a dismissal helps protect employment, license renewal, and a nurse’s professional future.
Results Matter Most
“Trey Porter is absolutely amazing at what he does. He helped me out of a very tight situation and was there for me every step of the way. He was always available when I had questions or concerns, and went above and beyond in every aspect. I highly recommend reaching out to him he knows what he’s doing and will get you the best deal possible!”
“Mr. Porter and his colleagues made this “lawyer experience” the most pleasant any experience that would fall under the same category could be. They are experienced, professional, and understanding. I never felt dismissed, judged, or hurried when discussing my case. They took care of everything and reminded me of every important date. Trey and his team helped me tremendously and cannot be topped.”
“I cannot say enough positive things about this law office. From the very first interaction, the entire team has been incredibly attentive, professional, and genuinely supportive. They take the time to explain everything thoroughly, keep you informed throughout the process, and make sure you never feel lost or overlooked. What truly sets this office apart is the level of care and responsiveness they provide.”
Can a Public Intoxication Charge Affect Immigration Status or a Visa?
Yes. A Public Intoxication charge can create immigration problems even when it looks minor in criminal court. Texas Penal Code § 49.02 makes it a Class C misdemeanor.
Arrests and convictions often must be disclosed on N-400 naturalization forms, visa applications, and other immigration filings. Certified arrest and court records are also often required, and immigration or consular officers review criminal history when deciding eligibility.
Dismissal protects immigration status better than conviction. Trey Porter Law secures dismissals for clients with immigration exposure and coordinates with immigration counsel when needed.
Can Public Intoxication Affect Jobs, Licensing, and Housing in Texas?
Yes. A Public Intoxication charge can affect employment, licensing, and housing in Texas.
Pending cases appear on background checks for jobs, rentals, and professional licenses. Sometimes a pending charge alone creates problems before resolution.
The risk is highest for healthcare professionals, teachers, law enforcement personnel, military members, pilots, other licensed professionals, and graduate program applicants.
Dismissal keeps more options open. Conviction closes them.
Why Trey Porter Law for Public Intoxication Cases in Texas?
People hire Trey Porter Law for Public Intoxication cases because the firm brings focused experience, proven results, and a team-based approach.
- Zero Public Intoxication convictions. Trey Porter Law has never had a client convicted of Public Intoxication in a Texas court. The goal in every case is dismissal, because dismissal protects the client’s record and preserves options for the future.
- Intoxication-focused practice. Many firms treat Public Intoxication as one small part of a broad criminal defense practice. Trey Porter Law’s criminal defense practice focuses almost entirely on intoxication-related cases. Few firms in Texas have the Public Intoxication experience that Trey Porter Law brings. That focus shows up in results.
- Team-based approach. Every lawyer at Trey Porter Law works on every case. Cases are assigned, but they are also worked collaboratively, which gives clients the benefit of multiple lawyers’ experience and strategy.
Proven experience:
- Specific experience representing nurses, students, and professionals.
- 40+ years of combined courtroom experience.
- 900+ five-star reviews across Google and Avvo.
- 15+ years of intoxication-case experience from Trey Porter.
Texas Public Intoxication Attorney Trey Porter
Trey Porter has spent more than 15 years defending intoxication-related charges in Texas courts and has resolved more than 1,000 criminal cases. He is an experienced trial lawyer whose work in intoxication cases has earned the respect of clients and other Texas defense attorneys. Lawyers often turn to him for guidance on intoxication-case strategy and trial issues.
Trey Porter is a NHTSA-Certified Practitioner in Standardized Field Sobriety Testing and has completed continuing legal education in gas chromatography, Intoxilyzer 9000 operation, infrared spectroscopy, breath alcohol concentration testing, and other scientific methods used to prosecute intoxication cases.
Trey Porter has been recognized by Texas Super Lawyers and has written and spoken about Public Intoxication and other intoxication-related issues in Texas. His legal analysis has appeared in Forbes, USA Today, and Attorney at Law Magazine.
Ratings & Memberships:
- 10.0 Avvo Rating
- 10.0 Justia Rating
- Texas Criminal Defense Lawyers Association
- National Association of Criminal Defense Lawyers
Texas Public Intoxication Defense
Trey Porter Law defends Public Intoxication charges in courts across Texas, including San Antonio, Austin, Dallas, Houston, and Midland.
The firm provides dedicated defense for people facing criminal-record risk, school consequences, licensing exposure, immigration concerns, and background-check problems after an arrest.
Protect Your Record Today
You can’t change what happened, but you can change what happens next. Submit a form or call 855-336-5366 to speak with a real Texan in Texas. No call centers. No robots.