TexasCHLforum.com

speedsix wrote:...yup, Chapter 14....question on that...since you hold them temporarily, (say on scene) then release them to a responsible party, do you write a report of what happened and who you released them to to relieve you and your dept.of civil liability?

Nope.

I think it's in CCP - anyone charged with PI is to be arrested. Or, instead of arresting them, you can release them to a responsible party. Most people I find, I have a one phone call policy: you get one call to get a responsible party to pick you up.

Not sure where everyone landed, but for the record, here's the elements to meet for PI (per Texas PC and CCP)

1. A public place
2. In Texas
3. Intoxicated (.08 or Impairment to alcohol, drug? Or combo of 2+)
4. Danger to self or others

Intoxication is not automatically danger to self or others...you have to articulate the element of danger caused by intoxication.

Ex: passed out in a ditch, doesn't know where he/she is

Walking to a car with car keys trying to leave

Picking fights in a bar

High on PCP screaming in the middle of crowded downtown about wanting money....


The blue collar comedy tour "drunk in public" doesn't get you there.

Fire your lawyer. PI is nowhere in the traffic code.