Public intoxication cannot be prosecuted if the intoxication is voluntary.

Public intoxication cannot be prosecuted if the intoxication is voluntary.

• A. True
• B. False
• C. Only if the intoxication lasted more than 24 hours
• D. Only if the person was not disorderly.

Answer: (B)

Voluntary intoxication is not a defense to public intoxication. In Texas law, the offense focuses on being intoxicated in a public place to a degree that may endanger yourself or others, regardless of how you became intoxicated. There is no requirement that the intoxication be involuntary or that you intended to intoxicate yourself; the statute punishes the state of intoxication in a public setting, not the motivation or intent behind drinking. Because of this, someone can be charged with public intoxication even if they chose to drink. The other options aren’t relevant elements of the offense—there’s no 24-hour duration requirement, and being or not being disorderly isn’t a stated condition for this crime.

Voluntary intoxication is not a defense to public intoxication. In Texas law, the offense focuses on being intoxicated in a public place to a degree that may endanger yourself or others, regardless of how you became intoxicated. There is no requirement that the intoxication be involuntary or that you intended to intoxicate yourself; the statute punishes the state of intoxication in a public setting, not the motivation or intent behind drinking. Because of this, someone can be charged with public intoxication even if they chose to drink. The other options aren’t relevant elements of the offense—there’s no 24-hour duration requirement, and being or not being disorderly isn’t a stated condition for this crime.