Quote:
Originally Posted by InHouston
Yes the law states they are committing an offense if they pose a danger to others or themselves … or … or … “having an alcohol concentration of 0.08 or more”. If you’re .081 and in public, you’re breaking the law in Texas. In all my years, I’ve only seen people get arrested for Public Intoxication (other than these stings) for getting mouthy with the police, or causing a disturbance.
Exceeding the legal limit of .08 is the grounds for the arrests they are doing. Now, for the most part, you can’t really tell if someone has been drinking when they’re hovering around .08. The police for the most part are targeting people who are visibly intoxicated beyond the .08 limit. However, if someone is say .10, and starts yapping to the police about how their rights are being violated, then the police will graciously take them to jail as well. Do I think this is a bad idea? No. Do I think it’s a good idea? Sure, as it’s not hurting anyone and helps to keep the community safer. Do I think it’s a great idea? Not really, because it will have no long-term benefit, and the police cannot commit the resources to keep these stings up.
As far as my politics, I am neither Republican nor Democrat. I agree and disagree with various issues stemming from both parties.
Inhouston, either you misread or misunderstood the statute
here is what it says: "Public Intoxication" means:
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.
"Intoxicated" is defined as:
not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
They have to be a danger to themselves or others
while intoxicated. The statute defines intoxication two ways: not having normal use of their facilities due to a substance or substances, or a .08 alcohol concentration. Just being intoxicated is not enough. Whatever your political stripe may be, its hard for me to beleive you really would think that no one is hurt if they are hauled off to jail just for expressing a well lubricated opinion to the police.
FK