Texas Penal Code Practice Exam 2025 – Comprehensive Study Guide

To be charged with public intoxication in Texas, it is necessary for a person to be engaging in behavior that presents a danger to themselves or others while in a public place. This requirement emphasizes the need for observable conduct that demonstrates the effects of intoxication and its potential to cause harm or disrupt public peace.

In Texas, the specific statute outlines that a person must not only be intoxicated but also that their intoxication results in a situation where they pose a risk to their own safety or the safety of others within public view. This reflects the state's concern for public order and safety, necessitating a tangible impact from the individual's intoxication.

The other choices do not align with the legal definition of public intoxication. Being intoxicated in a private place does not constitute public intoxication, as it lacks the element of public behavior. Simply drinking alcohol does not satisfy the legal standard unless it leads to the intoxication that results in danger. Lastly, being under the influence without any observed behavior does not meet the requirement since the law focuses on the conduct of the individual in public and its effects. Thus, demonstrating endangering behavior in a public setting is crucial for a public intoxication charge.