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gigag04 wrote: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.

My off tangent point was in reference to your last point.. It's subjective, and up to the LEO..(until it gets to a judge) and with good reason, that works out for the citizen more often than not.

But as I have personally witnessed, because “Danger to self or others” is not a definitive set of circumstances to be applied evenly by all LEO, it goes both ways. Tipsy, but WITH non Drunk friends,, Still charged PI.
Exited a bar, tripped, charged PI, blew .05. No other charges, no other evidence presented by LEO, resisting, argumentative, nothing, but the LEO articulating the element of danger caused by intoxication as, the person who had been drinking in the bar, could have tripped in to traffic, and therefore was a danger to himself and others.. Judge tossed it out, but still, he was arrested, took the ride, charged, hired(and paid for) a lawyer went before a Judge with the common sense the LEO should have had and THEN dismissed the charge.

I also have seen countless times LEO’s have gone the other way on PI in Texas… and allowed someone they could have charged with PI go, or on a few occasions, personally took them to a hotel. I believe this decision is more common than the other inappropriate use of PI…. And I applaud those LEO’s for making a common sense judgment call that is the essence of community policing.

Disregard, : went back and re read the entire thread, understand now "Who" was being addressed, and "What" the argument was . I misunderstood, thinking the discussion had turned to the LEO's discretion / decision / of elements of the charge, not that both elements were required for the charge of PI.

bayouhazard wrote:PI is not merely being drunk in public. The law says they're also a danger to themself or others. Most people I know don't have any PI arrests, much less convictions, so two would raise a lot of questions if I was doing a background check on someone. Even for a desk job.

"Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another."

It is highly subjective on the part of the LEO.

to the degree that the person may endanger the person or another

Normally that likely works out for the citizen as the LEO, works with the drunk and his buddies when possible to just see someone home or to a safe environment.
But as open ended vague laws are apt to be.
A LEO has, often in my personal experience (second hand or personally observed) will choose to make that judgment call the other way... If you exit a bar and trip over a ledge in the side walk you can be judged to be "danger the person or another" Tagged PI, and be forced to deal with that charge.
If you slip on a wet or ice patch in front of your house, during a family BBQ to which the police have been called for a noise violation, you can be judged "danger the person or another" Tagged PI, and be forced to deal with that charge.
If you have had too much and your buddies (non drinking) are doing the right thing, and giving you a ride home, you can be stopped while walking to the car under your own control and function with two buddies alongside for good measure and safety, and be judged to be "danger the person or another" Tagged PI, and be forced to deal with that charge.
Those are three confirmed instances where a LEO made a BAD judgment call in Texas as given the latitude to do so by way the law is written.
I know other LEO’s have made the better judgment call hundreds of times (again just the case I know about) and let someone likely chargeable under PI to go on their way in the safe control of a DD or other non drinking buddy come to the rescue. Knowing several LEO’s personally, I think that is the rule, not the exception.