Asked 1/26/2016 – La Marque, TX

My boyfriend and I were driving home from Galveston, TX to Clear Lake, TX (about 25 miles). We stopped at a gas station just off the Island. I had trouble figuring out where to pull in as it was dark and I am very unfamiliar with that area of town. While trying to park the car we were noticed by a police officer that was parked at the gas station. I turned off the car as we were going to switch drivers because my boyfriend is a better night driver and better with unfamiliar places.
I admitted to the police officer that I had had a beer or two prior in the evening. He did not perform a field sobriety test or a breathalyzer. Long story short, he charged both me and my boyfriend with Public Intoxication and we were arrested and spent the night in the local jail. At the officers request, my vehicle remained at the gas station and not towed. We were released around 1pm the next day on our OR.
We are to appear in court tomorrow (Tuesday 1/26) to see the judge.
Any assistance you can provide for us is greatly appreciated!

Answer

Public intoxication is defined by appearing intoxicated in public to a degree where you are a danger to yourself or others. An intoxilyzer is not required, nor are field sobriety tests. Have someone appear in court tomorrow, either you or an attorney you hire. If need time to hire an attorney, appear tomorrow and tell the Judge you want to hire an attorney. You can go over options then.