How to Get a Public Intoxication Charge Expunged

Austin’s party scene is the downtown Sixth Street area. Sixth Street is made of confined, restaurants, and several other music venues. Correct next to these several bars is a unique footling courtroom called the
Downtown Austin Customs Court. If you get arrested for public intoxication (or whatever class C misdemeanor) in the Sixth Street area the odds are pretty skilful that’due south where y’all’ll current of air upwardly.

About offenses I come across around 6th Street are public intoxication charges. Yous can commit the law-breaking of public intoxication if y’all are intoxicated to such a caste that you are a danger to yourself or others.
It’s important to notation that it’s non against the police force to be intoxicated; information technology’due south simply against the law to be intoxicated to such a degree as to be a danger.
Public Intoxication is a course C misdemeanor punishable by a fine just of up to $500. If you lot accept two prior convictions for public intoxication information technology’s possible that you could be charged with a class B public intoxication charge (which is punishable by jail time).

Public intoxication is not something that y’all desire permanently on your record. Your goal should be to go it dismissed so that it tin ultimately be expunged. Usually, the best way to accomplish this is through a deferred disposition deal. A deferral volition issue in your case existence dismissed. You will most likely take to pay a fine of around $150, perform eight hours of community service, and attend a public intoxication class.

How the Public Intoxication Deferral Procedure Works

If y’all were arrested for public intoxication within the jurisdiction of the Downtown Austin Customs Court (i.e. the 6th Street expanse), you lot volition be magistrate by Estimate Michael Coffey. Judge Coffey is extremely nice and fair. He may not be in the traditional black robe when you see him, only he’s yet a judge so remember to dress appropriately and exist respectful. Guess Coffey will usually go over your options and and so give you lot the opportunity of setting your example for trial, paying a fine and taking a conviction, or meeting with a prosecutor.
Often, information technology’s best to meet with the prosecutor where she volition probably offer you a deferral.

In my feel as a prosecutor and defense attorney information technology’s clear that public intoxication cases can be difficult for a prosecutor to evidence. Oftentimes, defendants aren’t passed out or throwing up; most of the fourth dimension they are simply in the incorrect place. Occasionally, I encounter a case where it’s clear the customer just mouthed off to officer—this is ever a sure-fire fashion to get yourself arrested. Ninety percent of the time the officers never do whatsoever field sobriety tests. This often makes it difficult for a prosecutor to secure a conviction. Bear in mind that if you were EXTREMELY intoxicated it volition brand the prosecutor’s task much easier.

Having said all that, you lot always have the correct to hire an chaser. If you’d like to hire an chaser you volition need to tell Gauge Coffey and he volition but reset your case so that you lot tin talk to ane. Call up, while you do have the right to rent an attorney you lot do not have the right to have an chaser appointed to stand for you lot.

Permit Us Help You!

If y’all received a ticket for public intoxication in Austin, Texas (or any other class C offense) give us a phone call and we’ll tell the best fashion to handle the matter.