2 PI in 1 yr.

[speedsix]

...please tell me the difference...the law gives one charge for being drunk in public...public intoxication...

...some states have a very weak charge called drunk in public...the law I quoted doesn't...

[Lambda Force]

There are differences between intoxicated in a public place, intoxicated while operating a motor vehicle in a public place, and intoxicated to the degree that the person may endanger the person or another.

[speedsix]

...Texas law, which I quoted, makes no charge for merely being drunk in public that is different from public intoxication...the law says that if you are drunk and in public, you are assumed to be a danger to yourself or others...and the charge is public intoxication...we're not talking about "operating a vehicle in a public place"...please show me in the law where there is made a difference between "being intoxicated in a public place" and "intoxicated to the degree that the person may endanger the person or another"....they are, in the law, a part of the same charge...not separate...


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.

[speedsix]

...my definition of "while" is of no consequence...

...the LAW makes no difference...that was what I posted..the LAW in Texas doesn't separate between being drunk in public and being a danger to onself or others...they are one and the same...my posts stands as correct...

[Lambda Force]

they are, in the law, a part of the same charge...not separate...

Yes. And the law requires all parts of the offense. Like drunk driving.

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

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

[speedsix]

...if you'll go back and read bayouhazard's post, you'll see that he said:
"PI is not merely being drunk in public. The law says they're also a danger to themself or others."

...that is what I answered...quoting the law that states both elements are part of the same charge...no difference...
...at no time did he or I address driving anything...it has nothing to do with what he or I were talking about...we were talking about the significance of being charged with PI...the law that I quoted says nothing to conflict with what I stated...

"Yes. And the law requires all parts of the offense. Like drunk driving.

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"

...if the person isn't intoxicated to the degree that the person may endanger the person or another, there IS NO CHARGE...if we break it up , we change what the law says...if he doesn't 1) appear in a public place 2)while intoxicated to the degree that the person may endanger the person or another......he hasn't broken any law... there are no different levels of intoxication within the charge...he either is or is not in public and intoxicated to the degree that he may endanger the person or another...

[Lambda Force]

That's what he said. It's not just being drunk in public. It's being so drunk that you endanger your yourself or others.

[speedsix]

...in Texas, they are one and the same... http://www.statutes.legis.state.tx.us/d ... /PE.49.htm" onclick="window.open(this.href);return false;


and we've come full circle...and the law hasn't changed a bit...

[Ace5299]

I guess I am not not working for you then. Good thing I have a very good job. They don't even show on my background check. I know this because I have copies of all of them for employment and for the volunteer work I have done. I am not proud of them but doesn't make me a horrible guy either. Like I said before, I was not out getting trashed...I blew .09. Again not proud or say it's no big deal but we are not talking about DUI or bar fight etc. No issues before or after...not even a traffic ticket. Anyway, thanks for the support to the rest of you. Just passed the shooting test so sending everything in and from what my instructor says, I will be just fine.

[speedsix]

...not one word that I posted here was addressed to nor had any reference to you, Sir...I was making a point of law following another member's post, and someone decided to take issue with the law...and/or me...

[bayouhazard]

After careful consideration, I'm convinced there's a difference between "intoxicated" and "intoxicated to the degree that the person may endanger the person or another" but I'm also convinced its not my job to convince others.

[thebigapp]

WOW! What a topic! Good luck and I hope you don't have any issues getting your plastic!

[zero4o3]

I was arrested twice in the same year 8 years ago for PI. Long story and happy to share if anyone wants to hear more but I was not out causing trouble. Blew .09 on both.

Q#1 will that disqualify me from getting my CHL? I am taking my class on Saturday.
Q#2 I didn't list this on my online app because at the time I filled out my app, I didn't think it was a big deal because my lawyer said they are just like traffic tickets so no worries. I have had many background checked for work, volleenteer work for school and purchasing guns and nothing have ever shown up. I found this site after the fact and now I see that was the wrong thing to do. How can I can my online app?

Thank you for the help.

I had gotten a PI (dont get me started on the details of it) the year I applied for my CHL and didnt list it and had no problems.

[PUCKER]

To the OP - I've seen PI abused by LEO before...saw it firsthand at the expense of two buddies. They were drinking some beer at a park (should they have been drinking? Probably not, but they didn't get busted for that offense specifically)...they were sober...cop wanted to get one of them for DWI, he couldn't, decided to give them both PI...they get "hooked up" and taken to county...while processing the jail staff asks them what they are there for...."PI??? Really...you're not drunk...wow..." Anyway, it was a shady town police department that doesn't even exist any more, the irony of the whole thing - apparently the cops were acting as cops even though their authority had already been revoked/rescinded (it was Marshall Creek)....go figure. In other words, what I'm saying is....mistakes happen, sometimes by the officer and/or the person on the other end. So you deal with it, and move on, which you have.

[tommyg]

Two or more public intoxications in the past 10 years is grounds
for a CHL rejection or a revocation.

I'm Not A Lawyer but I'm 90 sure on this one

You need to wait another two years to get your plastic
unless a lawyer can get one of the Public intox overturned

No. DWI is classified as at least a Class B misdemeanor, and you are ineligible for a license for five years after a conviction for a Class A or Class B misdemeanor or disorderly conduct. This includes cases that were dismissed after you completed probation or deferred adjudication. If you have been convicted of two or more alcohol or drug-related offenses within the last 10 years, you may not be eligible. ( You can find this on the DPS web site Chl Elegiability Question # 25)