Terry Glenn Public Intoxication Arrest
Former Dallas Cowboys receiver Terry Glenn was recently arrested and charged with public intoxication. Under Texas Law, a person commits the offense of public intoxication if he/she appears in a public place while intoxicated to the degree that the person may endanger him/her self or another. (See Texas Penal Code section 49.02). Public Intoxication in Texas is punishable as a Class C Misdemeanor.
Although numerous citizens are routinely charged with public intoxication outside of area bars and restaurants, the State usually has a hard time convicting people of public intoxication when the charge is challenged. The reason it is hard for the State to prove the crime of public intoxication is because of its definition in the penal code.
Compare Driving While Intoxicated to Public Intoxication
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.
How is a Public Intoxication Charge Normally Resolved?
If you choose not to fight your public intoxication charge in a trial a good attorney can normally negotiate a small fine and a deferred probation on your behalf. With a deferred probation, there will not be a final conviction on your record as long as you comply with the terms and conditions of probation. Also, a public intoxication charge will usually have minimal, if any, affect on a persons future employment or educational opportunities, unlike a DWI charge.
So, If Terry Glenn fights his public intoxication charge there is a good chance he will be found not guilty. If, on the other hand, he enters a plea deal then a conviction will likely have little affect on his future.
