The reality is even worse than the story suggests, all the
Jack Booted Thug TABC agent has to do to make an arrest is "articulate" that a person appearing in a "public place" does not have "the normal use of mental or physical faculties" by reason of ingesting
any amount of alcohol or the introduction of
any other substance, including legally prescribed drugs.
Anyone almost anywhere outside their home who has used any of a huge number of prescribed drugs, OTC drugs, herbs, ...of whom a Jack Booted Thug TABC agent is willing to "articulate" that a person does not have the "normal" use of his mental or physical facilities, ie slurs a word, or stumbled, or whatever, can be arrested, and presumably convicted, and imprisoned; and in any event have his life ruined.
Oh, and even if a person appearers both mentally and physically normal, if tested with a BAC above 0.08, he still gets convicted.
Is a hospital a "public place"? At least parts of it are, perhaps after cleaning up the bars the Jack Booted Thugs TABC agents will start raiding hospitals, which would also seem to be target rich environments.
Myths About Public Intoxication
A person can't be arrested in a bar or nightclub for being drunk. Yes they can.
If a person is arrested for public intoxication, the officer has to offer them either a breath or blood test to determine their level of intoxication. No they do not. Agents may conduct routine field sobriety tests, but breath or blood samples are not required.
As long as a person has a designated driver, it’s okay to drink to excess. No it’s not. Being intoxicated to the point of presenting a danger to yourself or others is grounds for arrest.
Some Facts About Public Intoxication And Nightclubs
Many people do not understand how they can be arrested when they are inside a bar or a private club. Chapter 49.02 of the Texas Penal Code states: "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." Any location permitted to sell or serve alcoholic beverages is a public place.
People also confuse public intoxication with having a blood alcohol content (BAC) of .08 or higher, which is the legal limit for driving in Texas.
But an individual’s BAC is only half the story. Chapter 49.01(2)(a) of the Penal Code defines public intoxication as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR (b) having an alcohol concentration of .08 or more."
Alcohol affects different people in different ways.
Just two or three drinks can cause some people to act in ways that they normally would not.
Loud or slurred speech, exaggerated movements and unsteady balance are the most common symptoms exhibited. These are some of the things that law enforcement officials look for when dealing with individual suspected of being intoxicated.
If an agent can that a person does not have the normal use of mental or physical faculties, due to alcohol or drug consumption, then the agent can arrest that person for public intoxication.
Sales to Intoxicated Persons: Section 101.63 of the Alcoholic Beverage Code makes it a crime to sell alcoholic beverages to an intoxicated person. Bartenders and wait staff are legally obligated to look out for these signs of intoxication and to refuse to continue serving someone who appears to be intoxicated. People in the service industry are encouraged to attend a TABC-approved Seller Training Course and be trained in how to identify minors and intoxicated persons.
Consequences: Public intoxication is a class C misdemeanor punishable by a fine up to $500 for each occurrence. Not only that, most jails now require that a person arrested for public intoxication be held for at least 4 to 12 hours before being released. Selling alcohol to an intoxicated person is a misdemeanor punishable by a fine of up to $500 and/or up to a year in jail. Just having either of these offenses on a person’s criminal record could affect their ability to get a job for the rest of their lives.
Source: Texas Alcoholic Beverage Commission