All posts by Lee and Wood

What Physical Evidence Is Used To Prove Assault in Texas Criminal Cases?

Aggravated Assault, Assault, Criminal Attorney, Criminal Defense, Defense attorney, Evidence

If you’re facing an assault charge in Texas, one of the most important things to understand is how prosecutors will attempt to prove their case against you. An assault charge does not automatically mean a conviction. The State must present evidence that supports each element of the charge beyond a reasonable doubt.

Knowing the types of evidence commonly used in Texas assault cases can help you understand what you are up against and why experienced legal representation matters. One type of evidence, physical evidence, can be particularly useful in convincing a judge or jury.

Physical vs. Testimonial Evidence

Popular courtroom dramas often focus heavily on certain types of evidence. Courtroom testimony from the victim, the accused or others makes for good television. However, it’s not actually the most reliable form of evidence.

Physical evidence can carry far more weight than testimonial evidence when it comes to a criminal trial for assault or similar crimes. Personal testimony can be false, misleading or inaccurate. Two people describing the exact same incident can produce wildly different accounts.

Physical evidence is more straightforward, making it harder to dispute. This can work for or against you. For example, if your partner tries to drop a domestic abuse case, the prosecutor may decide to proceed based on physical evidence. Conversely, false or exaggerated accusations may be dropped due to a lack of physical evidence.

Examples of Physical Evidence

Generally speaking, physical evidence refers to tangible objects that tell the story of an incident. Some evidence, such as use of a weapon or the severity of bodily harm, may also be relevant to whether you’re charged with a misdemeanor or a felony.

Examples of physical evidence can include:

  • Weapons allegedly used in the incident
  • Clothing worn by an accuser or the accused during the incident
  • Objects used or damaged as part of the alleged crime
  • Injuries, such as cuts and bruises, broken bones and other bodily harm
  • Places where the alleged assault occurred, like an apartment, stairwell or bar. As these can’t be brought into a courtroom, that type of evidence is often introduced through photographs.

This list is not exhaustive, and there are many other possible examples of physical evidence that can be introduced in a case.

Is Forensic Evidence Considered Physical Evidence?

Many forms of forensic evidence are physical, but not all. DNA, fingerprints, hair follicles and ballistic information are all physical forms of forensic evidence.

However, forensics also includes some items that are not considered physical evidence. One example is digital information, like text messages or cell phone tower location data.

The Treatment of Physical Evidence

A vital issue is how physical evidence is collected, maintained and analyzed. If evidence is mishandled or misplaced, it may no longer be admissible in a criminal proceeding.

Chain of custody rules must be followed to uphold the rights of an accused person. If they were not followed, it means the evidence could have been tampered with, broken or exposed to contamination.

Choose an Experienced Texas Criminal Defense Attorney

Evidentiary issues play a huge part in Texas assault cases. An experienced assault defense attorney should be able to review all the evidence in your case and make sure that it is relevant and that the chain of custody was followed. They’ll also make sure that your rights were not violated, either by the collection of evidence or by its use.

For strong, experienced assault defense in Texas, choose Lee & Wood, GP. Call us at 817-678-6771 or send us a message to get started.

7 Potential Legal Defenses Against DWI Charges in Texas

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, DWI

Facing a DWI charge in Texas can be frightening, especially if it’s your first encounter with the criminal justice system. In some instances, confusion and fear can take over, causing you to make mistakes. The good news is that a DWI arrest doesn’t automatically mean a conviction.

Texas law provides several avenues for challenging DWI charges. Understanding these potential defenses is a powerful first step. Below are some of the most common and effective legal defenses that may apply to DWI cases in Texas.

1. Lack of Reasonable Suspicion for the Traffic Stop

Virtually every DWI case begins with a traffic stop. Texas law requires officers to have reasonable suspicion before pulling someone over. This means they must be able to articulate a specific reason, such as speeding, swerving or a broken taillight, that caused them to pull you over.

If the officer lacked a valid reason, the entire stop may be deemed unconstitutional. When that happens, evidence gathered afterward, including field sobriety tests and breath tests, may be thrown out.

2. No Probable Cause for Arrest

Even if the stop itself was lawful, officers must have probable cause to make an arrest. Signs like bloodshot eyes, not answering questions, the smell of alcohol or “nervousness” aren’t always indicators of intoxication. Video footage, witness statements or inconsistencies in the officer’s report may expose a lack of credible evidence to justify the arrest.

3. Flaws in Field Sobriety Tests

Standard field sobriety tests, like the walk-and-turn or the one-leg stand, are notoriously subjective. Factors like fatigue, medical conditions, uneven pavement, poor lighting or even distracting traffic can impact performance. If these tests weren’t administered correctly or under proper conditions, the results can be challenged.

4. Breath Test Inaccuracies

Breathalyzer machines must be maintained, calibrated and operated according to strict Texas Department of Public Safety guidelines. When they aren’t, results can be unreliable. Additionally, medical conditions such as acid reflux, dietary habits or even certain medications can artificially inflate breath-alcohol readings.

5. Problems With Blood Test Procedures

Blood tests, while often seen as more accurate than other tests, are far from infallible. Chain-of-custody errors, contamination, improper storage or lab technician mistakes can all compromise results. Texas labs have faced scrutiny in the past for procedural failures. Any irregularity may open the door to a strong defense.

6. Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. It’s possible for a person’s BAC to rise between the time of the traffic stop and the administration of the test. Depending on the circumstances of your arrest and subsequent testing, your blood alcohol content at the time of driving may have been below the legal limit.

7. Violations of Your Constitutional Rights

If officers fail to follow proper procedure, such as neglecting to read you your Miranda rights or conducting an unlawful search, your constitutional protections may have been violated. These violations can lead to key evidence being suppressed, significantly weakening the prosecution’s case. These rights are important in every criminal case.

A Defense Attorney Knows When To Use These Defenses and More

A strong defense in drunk driving cases should not be left to chance, considering how serious the consequences are. There are countless ways to approach DWI defense, if you know what to look for.

At Lee & Wood, GP, our drunk driving defense attorneys have handled countless criminal cases across Texas. Call us at 817-678-6771 or send us a message.

What Happens if Your Accuser Takes Back Their Sexual Assault Accusation?

Assault, Criminal Attorney, Criminal Defense, Defense attorney, Domestic Violence, Sex Offense

Being accused of sexual assault is extremely stressful. When the accusation comes from a partner or someone you’re in a relationship with, the personal and legal consequences can feel overwhelming.

In many situations, it’s not uncommon for an accuser to later express regret, clarify misunderstandings or outright recant the allegation. When that happens, it’s often a huge relief, and many people assume that all charges will be dropped. However, that’s not always true.

While it would be a huge relief for a retraction to mean the immediate end to a sexual assault case, it may not be that simple.

The Accuser’s Role in Criminal Law Proceedings

It’s easy to overestimate the importance of the accuser in your sexual assault case. After all, if there had never been an accusation, there never would have been a criminal case.

But once the accusation is out there, the fact that the accusation exists means more than whatever the accuser does next. The truth is that once you’re accused, that sets things in motion that can be hard to stop.

The State, Not the Accuser, Controls the Case

In Texas, criminal cases are named State of Texas vs. the Defendant. The name of the person who accused you is not included. Even if your accuser wants to withdraw the accusation, the decision to move forward or not rests entirely with the District Attorney.

Prosecutors regularly continue cases even after a recantation, especially in alleged domestic violence or sexual abuse situations. This might be because:

  • They believe the original statement more than the recantation.
  • They already have other evidence supporting an assault charge (medical records, witness statements, forensic results, or even texts).
  • They believe they can get a conviction without the accuser’s testimony.

With this in mind, a recanted accusation doesn’t necessarily mean that a conviction is out of reach.

Recantations May Be Viewed With Skepticism

Prosecutors and investigators know that recantations happen frequently, particularly in intimate‑partner cases. They also know they can happen for complicated reasons, including fear of breaking up a family, financial dependence, guilt or pressure from friends or family.

For these reasons, law enforcement usually examines:

  • The consistency of the original allegation
  • The circumstances around the recantation
  • Any potential evidence of coercion
  • Whether independent evidence supports the original claim

In the end, a recantation may help your defense, but it is not a silver bullet.

The Accuser Could Still Be Subpoenaed

Even if the person who accused you no longer wants to participate, the prosecution can still:

  • Issue a subpoena
  • Compel testimony in court
  • Use previously recorded statements

Texas allows prosecutors to introduce certain statements even when a witness becomes uncooperative. This means the case may include the accuser’s statements even if they no longer want to participate in the case.

A Recantation Can Still Strengthen Your Defense

While a recantation doesn’t end the case, it can be a powerful defense tool when handled correctly.

The recantation can be used to:

  • Challenge the credibility of the original statement
  • Undermine the prosecution’s theory
  • Support motions to dismiss or reduce charges
  • Bolster negotiations for a favorable plea offer or a full dismissal

An experienced criminal defense attorney knows the best ways to use the recantation to make your defense stronger. At Lee & Wood, GP, we know how to defend your rights against accusations of sexual assault. Call us at 817-678-6771 or contact us online.

Understanding Boating DUI Charges in Texas

Criminal Defense, DWI

Boating is a cherished pastime in Texas. Thousands of residents and visitors take advantage of the state’s lakes, rivers and coastal waters each year.

A day on the water often includes relaxation, recreation and sometimes alcohol. Yet many people are unaware that operating a boat while intoxicated is treated just as seriously as driving under the influence.

Boating under the influence, commonly called a BUI or boating DUI, can carry significant legal consequences. Knowing how Texas handles these charges can help boaters stay safe and avoid life‑altering penalties.

What Counts as Boating Under the Influence?

Under Texas law, it’s illegal to operate a watercraft while intoxicated. This includes motorboats, personal watercraft (like Jet Skis), sailboats and any other vessel powered by engines or sails.

In Texas, a person is considered intoxicated if:

  • Their blood alcohol concentration (BAC) is 0.08% or higher
  • They lack normal mental faculties due to alcohol, drugs or both
  • They lack normal physical faculties due to alcohol, drugs or both

Importantly, law enforcement has broad authority to stop and inspect watercraft for safety compliance. If an officer suspects impairment—for instance, if they notice slurred speech, reckless behavior or unsafe navigation—they may conduct sobriety tests similar to those used during roadside stops.

Penalties for a Boating DUI

The consequences of a boating DUI in Texas can be severe, even for first‑time offenders. A first BUI offense is generally a Class B misdemeanor, which can lead to:

  • Up to 180 days in jail
  • Fines of up to $2,000
  • A mandatory alcohol education program

If a person’s BAC is especially high or if they have prior convictions, the penalties escalate quickly. A second offense becomes a Class A misdemeanor, carrying increased jail time and fines. A third offense is a third‑degree felony, punishable by up to 10 years in prison and fines up to $10,000. (Learn more about the differences between misdemeanors and felonies.)

Violations Related to Boating DUI

Boating under the influence can be charged along with a number of other crimes. You may be facing related allegations, including:

  • Speeding (violating boating speed restrictions)
  • Violating a no-wake zone
  • Equipment and lighting violations (insufficient life jackets, operating without life jackets, operating without a sound-producing device or a fire extinguisher, or improper lighting)
  • Failure to register a vessel or to display a boat registration decal or numbers
  • No registration card
  • Moorage violations, trespassing or operating in a restricted area
  • Removal, defacement or destruction of signs, depth markers or informational signage on waterways
  • Violations involving children operating a boat or not wearing a life preserver

Your BUI defense needs to account for all allegations against you, from the most serious to the least, in order to protect your future.

Defending Against a Boating DUI Charge

Several defenses may apply in a boating DUI case. Consulting with a criminal defense attorney experienced in maritime and Texas DUI laws is essential to understanding which defenses may be available to you.

At Lee & Wood, GP, our Texas defense attorneys have extensive experience with boating DUI cases. We can craft the strong defense you need. Call us at 817-678-6771 or contact us online to schedule a consultation.

5 Possible Defenses Against Assault Charges in Texas

Aggravated Assault, Assault, Criminal Defense, Defense attorney, Defenses

Facing assault charges in Texas can be overwhelming. The consequences, including potential fines and jail time, can have a long-lasting impact on your life.

However, being charged doesn’t automatically mean you’re guilty. Texas law provides several defenses that may help reduce or even dismiss the charges against you. Understanding these defenses is essential to protecting your rights and building a strong legal defense strategy.

1. Self-Defense

One of the most commonly invoked defenses in assault cases is self-defense. Texas law allows individuals to use reasonable force to protect themselves from harm if they reasonably believe they’re in imminent danger.

To successfully claim self-defense, you must show:

  • You did not provoke the other person.
  • You reasonably believed force was immediately necessary.
  • The level of force you used was proportionate to the threat.

Evidence such as witness statements, video footage or physical injuries may support this defense. If self-defense applies, it can completely excuse the alleged assault.

2. Defense of Others

Similarly, Texas law recognizes the right to use force to protect another person. If you reasonably believed that someone else was in immediate danger and your intervention was necessary, this defense may apply.

Like self-defense, the force used must be appropriate and proportional. This defense is especially relevant in situations where a friend or family member is being threatened or attacked.

3. Defense of Property

Under certain circumstances, Texas allows individuals to use force to protect their property. While this defense is narrower and more strictly evaluated than self-defense, it can apply in situations involving the protection of your home or belongings.

It’s important to note, however, that the law rarely excuses excessive force in defense of property. The details matter, and courts will examine whether the force used was truly necessary.

4. Lack of Intent

Assault charges can also rely on evidence of intent. In Texas, causing offensive or harmful contact without intent may not meet the legal definition of assault. For example, accidental contact during a crowded event or misunderstanding during a heated exchange might not qualify as intentional harm.

If you can demonstrate that any physical contact was accidental, the prosecution may have difficulty proving your guilt.

5. Consent

Although less common, consent can also serve as a defense in some assault cases. If both parties willingly agreed to physical contact, the legal grounds for assault may be weakened. This defense requires careful presentation and is evaluated closely by courts.

Speak to a Texas Criminal Defense Attorney

Every assault case is unique, and the defenses available depend on the facts and circumstances. If you’re facing assault charges in Texas, speaking with an experienced criminal defense attorney is essential.

At Lee & Wood, GP, our Texas team has the experience to protect your rights when facing charges. Call us at 817-678-6771 or contact us online to schedule a consultation.

Guns and Alcohol: Does Having a Weapon in the Car Matter During a DWI?

DWI

In 2021, Texas law changed to allow people to carry a handgun in many public places without a license. Still, many Texans take the time to obtain a license to carry (LTC), as there are situations where the license is beneficial.

Whether you have a license or not, if you have a firearm in the car while driving under the influence, you are likely to face serious criminal charges. Here’s why.

From One Crime to Two

When it comes to a concealed weapon, behavior that would be legal in one situation can be illegal in another.

Your right to carry that weapon is dependent on you not committing another crime at the same time. So when it comes to drunk driving, your previously legal right to carry a firearm becomes a crime because you’re armed while committing the crime of driving while intoxicated.

Basically, if you’re carrying a gun in Texas, you cannot commit any criminal offense. If you do, the possession of the gun becomes an offense in itself. Instead of one crime, you’ll be facing charges for two offenses. Either way, you need a strong criminal defense lawyer.

A Sharp Increase in Potential Criminal Penalties

The charge for carrying a concealed weapon while committing the DWI will likely be a Class A misdemeanor. The penalties, if you’re found guilty, can include up to a year in jail and a hefty fine. That’s roughly twice the punishment typically handed out for a first-time drunk driving conviction.

In addition to the jail time and fines, you can face the loss of your LTC for a minimum of five years. Similarly, DWI convictions can lead to loss of driving privileges. With all of these possible punishments, it’s hard to overestimate how important it is to defend your rights with a strong defense.

The Importance of a Strong DWI Defense

In these cases, the unlawful carrying of a weapon charge is based on the drunk driving violation. That means if you’re not guilty of driving while intoxicated, you’re also not guilty of unlawfully carrying a weapon. While every DWI defense is important, the presence of a weapon places added weight on your defense.

For both the DWI and the weapon charge, you may have a defense based on an illegal search. There are strict rules about when and how law enforcement can conduct a search. If the evidence needed to convict you was obtained in violation of those rules, it can be thrown out.

You Need Experienced Criminal Defense Lawyers

After an arrest for DWI with a concealed weapon, you should contact a Texas criminal defense lawyer as soon as possible.

At Lee & Wood, GP, our attorneys have extensive experience defending clients in Texas criminal courts. We can help you understand your options and craft a strong defense to protect your rights. Call us at 817-678-6771 or send us a message to schedule a free consultation.

Texas Assault Charges: Misdemeanor or Felony?

Assault

The word “assault” can be used to describe many different situations. The full legal definition, under Texas law, is long and complicated.

One important thing to understand is that assault charges can be either a misdemeanor or a felony. Felony charges can lead to harsher punishments, including prison sentences of a year or longer. The many circumstances of the situation can all affect which way the charges go.

Let’s dive into the details on what assault is and what makes an offense a misdemeanor versus a felony.

The Basics of Assault

There are three types of behavior that form the basis of assault charges in Texas. A person commits assault if they:

  • Intentionally, knowingly or recklessly cause bodily injury to another.
  • Intentionally or knowingly threaten another with imminent bodily injury.
  • Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Assault does not require physical contact between the perpetrator and the victim. Even threats can lead to assault charges, including felony assault charges, under certain circumstances.

Misdemeanor Assault

Misdemeanors are considered less serious than felonies, but that doesn’t mean you can afford to take a misdemeanor charge lightly. A Class A misdemeanor in Texas can be punished by up to one year in county jail, a fine of up to $4,000 or both.

If you’re charged with misdemeanor assault, you need to speak to an experienced criminal defense attorney as soon as possible. One possible defense is mutual combat, such as when both parties consented to a fight.

Every criminal case is unique. Still, what you’d consider an ordinary assault case, where some degree of bodily injury occurred, can lead to Class A misdemeanor charges. This can be anything from a bar fight or domestic dispute to elder abuse or a road rage incident.

Felony Assault

The difference between misdemeanor assault and felony assault depends on the severity of the harm, the identity of the victim, the past behavior of the person accused and other elements involved in the assault. The evidence used in the charge should affect this as well.

Assaults against family members can be charged as felonies. In addition, assaults against public servants discharging their official duties can be charged as felonies.

In many cases, the difference between a misdemeanor charge and a felony charge is how much damage is done. An assault that leads to some degree of bodily injury may be ruled a misdemeanor. However, an assault leading to serious bodily injury is likely to be ruled as felony aggravated assault.

Another element that raises a misdemeanor to a felony is the use or exhibition of a deadly weapon during the assault. Repeat offenders can also be charged with felony assault under circumstances that would otherwise lead to misdemeanor charges

Contact a Texas Assault Attorney Today

At Lee & Wood, GP, our lawyers have extensive experience defending people against assault charges in Texas courts. Call our firm today at 817-678-6771 or Contact us today to get started.

TPWD Is Collecting Anonymous Tips of Wildlife Crimes

Criminal Attorney, Criminal Defense, Defense attorney, Defenses, Fishing violation, Wildlife crimes, Wildlife crimes attorney, Wildlife violations

Earlier this year, Texas Parks and Wildlife proudly announced that a new tipline was in place, making it easier to report suspicious activity or violations. It’s now easier than ever to anonymously accuse someone of wildlife crime. But is that progress?

TPWD Is Collecting Tips and Reports of Illegal Activity

Texas Parks and Wildlife Department (TPWD) is encouraging people to report suspicious activity by texting TIP411. People can also use the free Operation Game Thief App to make reports and submit photos or videos. The State even offers a bounty: Rewards of up to $1,000 are available for tips that result in a conviction.

Harsh Penalties for Wildlife Crimes

While tipline callers are offered a bounty, the accused—even if innocent—may face financial ruin. Common wildlife crimes cover several sporting areas:

Depending on the circumstances, such violations can lead to jail time as well as fines or restitution to the state. If you’re convicted, it may also mean the suspension of or loss of your license and sometimes forfeiture of equipment.

It’s Easier Than Ever To Accuse Someone of a Crime

Being fined, arrested or charged with a crime is stressful at best and life-ruining at worst. Civil or criminal charges are a serious matter requiring time, attention and resources to address properly.

It’s important to consider the implications of soliciting anonymous tips and evidence from the public at large. This may be particularly true when fake images are far more accessible than they once were.

Can Anonymous Tips Be Used in Court?

Luckily, in general, it’s not possible to use an anonymous accusation in a criminal trial. That said, a tip that leads to an independent investigation finding the accusation to be true gets around the problem.

After an anonymous tip, TPWD law enforcement officials can run an independent investigation that corroborates the information in the tip. That evidence would likely be admissible in court.

Anonymous tips, as well as any other evidence presented, must be dealt with carefully and correctly by your defense team.

Countering the prosecution’s evidence and presenting your own is the heart of an effective defense. We know how to present your side of the story in court. That can make a tremendous difference in penalties, such as fines and restitution, as well as help you keep your right to hunt and fish in the future.

Contact a Federal Wildlife Violations Lawyer for a Strong Defense

At Lee & Wood, GP, you get the benefit of an experienced wildlife violations defense attorney who is also an avid hunter. You get to talk to an attorney who understands the law and the real-life circumstances hunters face. Call 817-678-6771 or contact us online to discuss your situation.

Denying Bail: Proposition 3 Passes in Texas

Criminal Attorney, Criminal Defense, Defense attorney

Bail has become a contentious subject in the criminal justice world. Figuring out the proper way to treat someone who is accused of a serious crime, but has not yet been tried or found guilty, is a complex issue.

Texas voters have tackled the issue by approving a change to the State Constitution. If you’ve been accused of a serious crime, this change could affect your time between arrest and trial.

Proposition 3 to Amend the Texas Constitution

Proponents of Proposition 3 say that there are circumstances under which bail should always be denied, regardless of the opinions of judges. The measure, passed in November 2025, lists specific charges whereby an accused person might not be eligible for bail. The list includes violent and sexual offenses, including:

Luckily, if you’re arrested on one of these charges, the measure does not eliminate the possibility of bail altogether. Denying bail happens only under specific circumstances.

For example, bail would be denied if a hearing found, by a preponderance of the evidence, that you (the person arrested) would likely not willfully appear in court. It would also be denied if the hearing found that, by clear and convincing evidence, you were a danger to the community or the victim.

A strong defense can help you tackle these hearings and avoid these kinds of findings.

Without Proposition 3, judges and magistrates had discretion to deny or allow bail for these serious cases. Supporters say the measure was needed to combat activist or corrupt judges granting bail in situations where it isn’t appropriate. However, denying bail could lead to innocent people being in prison.

The Legal Presumption of Innocence

There is a crucial difference between being accused of a crime and being guilty of that crime. Since all people are considered innocent until proven guilty, punishing someone who has not had the chance to present a strong defense is not right.

Bail is one method intended to deal with the thorny issue of pretrial detention . It’s generally understood that innocent people should not be locked up.

High bail is not meant as a punishment. The goal is to provide an incentive for someone facing criminal accusations to show up for the legal proceedings. Bail money goes back to the defendant after the trial. You show up, or you lose the money.

The issue is not one-sided, however. There are cases where prosecutors will say it seems likely that you, the accused, would commit more violence if released. There are also cases where they would say you are likely to flee rather than return to court to face a trial.

Before Proposition 3 passed, this would be a situation where a high bail amount would be set. With Proposition 3 in place, you may be denied bail altogether.

The Importance of an Aggressive Defense

Every criminal charge should be taken seriously. The crimes covered under Prop 3 are felonies, and the potential penalties levied after a conviction are severe. Anyone facing charges of this kind needs a strong and experienced criminal defense attorney.

At Lee & Wood, GP, our Texas defense lawyers have the skill to defend clients facing even the most serious criminal charges. The sooner you talk to an attorney, the better your chances are of preserving your rights. Call 817-678-6771 or contact us online to schedule a consultation.

 

Link to “Pretrial Detention: When Can You Go Home While Waiting for Trial?” when published.

Public Intoxication in Law and in Practice

Criminal Attorney, Criminal Defense, Defense attorney, DWI, Public Intoxication

It’s not unusual for someone charged with public intoxication to be confused about why the police got involved. Few, if any, Texas criminal laws are as broadly written as the law against public intoxication. Believe it or not, virtually anyone who’s had any alcohol at all could potentially be charged and suffer severe consequences.

What the Texas Public Intoxication Law Says

As with any criminal charge, it’s a good idea to speak to an experienced defense attorney to understand how the law applies to your case. A general understanding is helpful, but it’s no substitute for knowledgeable legal counsel.

Texas law has a simple definition for public intoxication. If you appear in a public place while intoxicated to the degree that you may endanger yourself or someone else, you could be arrested and found guilty of public intoxication. The issues with this law are grounded in the specifics.

The Definition of Intoxicated

The definition of intoxicated for the purposes of this law is “not having the normal use of mental or physical faculties by reason of the introduction of alcohol” or other drugs. Combinations of drugs or both drugs and alcohol are also included.

It can also mean having an alcohol concentration of 0.08 or more. However, it’s important to understand that you don’t have to be over the legal limit to be found guilty of public intoxication. Police can claim that your behavior indicated intoxication. They don’t have to test your blood alcohol content to support this charge.

What Being “A Danger” Entails

The law does require evidence that you were a danger to yourself or others.

Without a strong defense, making the case that you were a danger may be simple for a determined prosecutor. You could trip over your own feet and find yourself accused of staggering into traffic. This may seem far-fetched, but there are many innocent situations that have been the basis of public intoxication charges.

How Public Intoxication Laws Are Used in Practice

It’s obviously not the case that everyone who’s had any alcohol will face public intoxication charges. It’s not hard to find an intoxicated pedestrian in almost any campus or hot spot on a Friday or Saturday night. So why do some people get arrested and others are left alone?

Some suggest that public intoxication arrests are used as a form of crowd control. If you get in the way of the police, they can arrest you for public intoxication with very little evidence. Others suggest that it’s used to arrest people who annoy law enforcement, or even as an excuse to check someone for more serious criminal issues.

Unfortunately, a criminal charge is an incredibly high price to pay for irritating a police officer. Though it’s a misdemeanor, it still appears on your criminal record and can interfere with your ability to get a job or find housing.

Get the Legal Protection You Need

If you’ve been accused of public intoxication, you need an attorney. Call Lee & Wood at 817-678-6771 or contact us online to discuss your case.