Austin Public Intoxication Attorney Jason Trumpler
Austin Public Intoxication Lawyer Jason Trumpler
CONTACT US TODAY AT 512-457-5200
Texas Penal Code Section 49.02 and provisions in the Alcoholic Beverage Code, Title 4, Chapter 106, Section 106.071, relating to "special punishments for offenders under the age of 21," define both the crime of Public Intoxication and how courts punish it in the State of Texas.
The statute in and of itself is relatively simple. A person commits the offense of Public Intoxication if he or she is in a public place while intoxicated to the degree that he or she may endanger him or herself or another.
It seems pretty cut and dry, right? Well, in practice, the statute is used as a catch-all by officers to make an arrest when they do not know what else to arrest you for, and you have been drinking. You may not reach the legal threshold of being a danger to yourself or others. Still, the officer may find your conduct annoying, and you have had a few drinks, and bingo the officer arrests you for Public Intoxication. Frankly, this is the bulk of our Public Intoxication caseload. We often take these cases to trial and win them.
Now, Public Intoxication is merely a Class C Misdemeanor, which is a fine-only offense, but it can still be an embarrassing blemish on your criminal history. There are ways to negotiate a dismissal through a deferred disposition if that is the route you want to take, or in many situations, these cases can be won at trial because you simply were not a danger to yourself or others when the police arrested you.
If you go the deferred disposition route, the prosecutor will generally require a class, some community service, and a fine. If you are not a minor, we can make all of the court appearances for you and negotiate the agreement on your behalf. If you plan on going to trial, you will have to appear at the trial dates. There may be a few trial settings before you get to the top of the trial list.
A few quick things I should mention, there is a rarely used statutory medical defense to Public Intoxication. If your "intoxication" was due to the treatment you received from a licensed medical professional for therapeutic purposes, that is a defense to public intoxication. I have only used this defense once. I had a client who had just been released from the hospital and ended up wandering, unattended, outside of his home. An eagle-eyed neighbor spotted my client and called the police. My client inarticulately tried to explain that he just had surgery and was confused. The officer assumed he was lying and that he was just high on pills. The officer then arrested him for public intoxication and took him to jail. Later, we provided documentation to the prosecutor, and the prosecutor immediately dismissed.
It is also important to note the Special Provisions for Minors. First off, minors may be required to attend their first appearance in court.
If the State places the minor on deferred disposition for Public Intoxication or if the State convicts a minor of Public Intoxication, he or she must do no less than 8 hours of community service and no more than 12 hours of community service. If he has a prior conviction, he must do a minimum of 20 hours of community service and a maximum of 40 hours. Minors also face a 30-day license suspension for a first alcohol-related offense and a 60-day license suspension for a second offense. There is a 180-day license suspension for a third or more offense.
If community service ordered under this section, the community service completed must be related to the prevention, or misuse of alcohol or drugs, as applicable. If programs or services providing this type of education are not available, the court may order community service that it considers appropriate for rehabilitative purposes.
Also, if the State shows at trial that the Defendant has at least two prior convictions, he or she can face Class B Misdemeanor punishment. If the Defendant faces Class B punishment, that means a fine of not less than $250, and no more than $2,000, and up to 180 days in the county jail.
Contact Us at 512-457-5200
If State has charged you or someone you know with Public Intoxication in the State of Texas, attorney Jason Trumpler can help. Jason has 20-years of substantial criminal law experience and has fought on behalf of thousands of individuals charged with crimes in Central Texas.
He currently represents clients in courts throughout Central Texas, including, but not limited to:
- Austin Community Court
- Austin Municipal Court
- San Marcos Municipal Court
- Travis County Justice of the Peace, Precinct 5
- Hays County Justice of the Peace, Precinct 1, Place 1
- Hays County Justice of the Peace, Precinct 1, Place 2
- Hays County Justice of the Peace, Precinct 2
- Hays County, Justice of the Peace, Precinct 3
- Hays County, Justice of the Peace, Precinct 4
- Hays County Justice of the Peace, Precinct 5
- New Braunfels Municipal Court
- Round Rock Municipal Court
- Williamson County Justice of the Peace
- Georgetown Municipal Court
Contact our offices today at 512-457-5200.
Why Hire Criminal Defense Attorney Jason Trumpler and Not Someone Else?
People often ask me what separates your firm, or you as a lawyer, from this other lawyer or law firm up the street. When you try to sell yourself and your services in a client meeting, on your website, or over the phone during a telephone consultation, that can be difficult to answer. Both my fantastic office staff and my children mock me for the way, out of habit, I quickly rattle off how I have practiced criminal law for twenty years. They joke about how I mention my training and experience as a former prosecutor. They laugh that I always talk about the over 100 cases that I have tried and brag about the complex jury trials I have won. They joke they could do the consultation for me.
The truth is none of that separates me from many great lawyers in Central Texas. The great ones are going to have the background, they are going to have the trials, and they are going to get the results. They are also going to have similar fantastic reviews. Criminal defense is a results-driven profession.
Along with achieving great results, one of my primary focuses is creating a comfortable and rewarding client experience. Every day I am working to improve the technology and communication platforms we use at our firm to make both our lives easier and clients' lives less complicated.
Secondly, and I think what truly separates me - and the people that work with me at my firm - from other firms - is that we care about our clients from top to bottom. It can be awkward and uncomfortable explaining complex emotional, mental, and sometimes spiritual situations to clients sometimes when all they want to hear is "not guilty" or "case dismissed." Often in our world, the client hires you to make the problem go away, not to confront or deal with the problem head-on.
I was reminded of this the other day when something I wrote back in 2014 popped up on my Facebook Timeline. A client had been sober for ten years, and it was the anniversary of her sobriety. I handled her case, and I achieved a good result. During my representation, I also had a very uncomfortable talk where I suggested that she might need some help and pointed her in the right direction. On the 10th anniversary of her sobriety, she sent me a note, which she does every year on the anniversary of her sobriety, and this was the response I posted.
"Many people that walk into my office are worth saving, and when I say saving, I don't necessarily mean getting all of the charges dismissed, but I do fight to get the charges dismissed because that is my duty, that is what I swore to do. I vowed to represent my client, within the confines of legal ethics, to the best of my ability.
Saying that my proudest moments as a defense attorney are not necessarily the cases I have won because innocent is such a strong word and not always the truth of the matter related to a dismissal, reduction, or trial I just won. The cases that make me the proudest are the ones where I make a difference. I help an alcoholic or drug addict find sobriety. I help guide a person through difficult circumstances in their lives outside of court because there is no one there to guide them, cases where I help people keep their jobs, and even the instances where I have helped guide a very sick person to come to grips with what he or she has done.
The long letters, occasional newspaper write up, and website reviews, while all appreciated and essential to my continued success, usually take a back seat in my mind to a simple, softly spoken, thank you. That is what I tell my kids that Daddy does, and that is how, when I am not suffering from insomnia, I sleep just fine. Good people make mistakes that have criminal consequences all of the time. And with the genuinely "reprehensible," and those folks are not generally facing DUI allegations, all you usually can do is damage control and sometimes just try to keep them alive. My goal is simple. I try to help good people get through the complicated criminal justice process, and hopefully, we are both better for it."
I want to be your lawyer. I want to help guide you through one of the most challenging situations of your life.
One of my favorite quotes comes from the television show, The West Wing.
"This guy is walking down a street when he falls in a hole. The walls are so steep, and he can't get out. A doctor passes by, and the guy shouts up, 'Hey, you! Can you help me out?' The doctor writes him a prescription, throws it down the hole, and moves on. Then a priest comes along, and the guy shouts up 'Father, I'm down in this hole, can you help me out?' The priest writes out a prayer, throws it down in the hole, and moves on. Then a friend walks by. 'Hey Joe, it's me, can you help me out?' And the friend jumps in the hole! Our guy says, 'Are you stupid? Now we're both down here!' And the friend says, 'Yeah, but I've been down here before, and I know the way out.'"
I pride my firm as having the type of people who jump in the hole because we have been there before, and we know the way out. Call the office anytime at 512-457-5200 or reach me personally on my cell at 714-403-9120 and let us help you get out of the hole.
To learn more about our firm or to set up a free consultation regarding your case, contact Criminal Defense Attorney Jason Trumpler Today At 512-457-5200! We take calls 24/7.
