Texas Laws: Compare Driving While Intoxicated to Public Intoxication

[sandra]

In a DWI charge, the State needs only to prove that you lost the NORMAL use of either your mental of physical faculties as a result of drinking or drug use. With a Public Intoxication charge, the state must prove that you were intoxicated to the point that you were an immediate danger to others or yourself. Although it may be easy for the state to prove you were intoxicated, it is often difficult for the State to prove you were an immediate danger to yourself or others. For this reason, it is often difficult for the State to convict a person of public intoxication after a trial.

Source:

Terry Glenn Public Intoxication Arrest :: Texas Criminal Attorney Blog