A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol.

During the probation they are arrested for a class C misdemeanor public intoxication.

The person notifies their probation officer. The probation officer can revoke the probation and send them back to prison.

I'm sure this plays out a lot. But my questions are:

How does this work given that an arrest is just an accusation and not a conviction. If the person was really not guilty in this case; and was just sleepy or groggy on prescription medication?

The person was sitting in a car in a parking lot waiting for someone to come and get into the car and drive them home. They weren't really public.

If the class C could be dismissed by the court, would it help try to make sure the probation isn't revoked?

  • 2
    How would the officer explain a charge of public intoxication without a PBT or blood test? If the individual got a PBT and blew anything above .0, that is grounds for revoking the probation. The officer can't arrest the person without a reason and evidence to back it up... Even being in the presence of open containers may be grounds... – Ron Beyer Sep 17 '18 at 21:08
  • 1
    The probation terms say "don't drink alcohol", not "don't drink in public" or "don't get arrested for alcohol-related offenses", so whether the person was in public or not is irrelevant. Whether they were actually intoxicated isn't relevant. The only real defense you've mentioned is "groggy on prescription medicine", since it's unlikely that being sleepy would be taken as evidence of intoxication. – David Thornley Sep 17 '18 at 21:14
  • Probation officer is likely to believe the arrest. Not likely it will get dismissed. Not very believable they are waiting for someone to drive them home and not drinking. – paparazzo Sep 17 '18 at 21:34
  • There was no breathalyzer test or blood test. It was just officers observation. – mark b Sep 17 '18 at 23:22
  • "In a parking lot" sounds pretty public to me. – bdb484 Sep 17 '18 at 23:59

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