PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02

This charge is public intoxication elevated by prior convictions. The underlying offense, Texas Penal Code § 49.02, requires proof that a person appeared in a public place while intoxicated to the degree that the person may have endangered the person or another. Intoxication carries its Penal Code Chapter 49 meaning: not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or another substance, or having an alcohol concentration of 0.08 or more. Texas Penal Code § 12.43(c) supplies the enhancement element: the State must show the defendant was previously convicted three times under § 49.02 or § 42.01, the disorderly conduct statute, in any combination, and that each prior offense was committed within the 24 months preceding the charged offense. The prior-conviction allegations are what lift this charge above ordinary public intoxication.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Across 1,161 Texas bail settings for this charge (8 counties, May 2022 – Jun 2025), the median cash or surety bond was $1,500 (middle half: $750 – $2,000). 8% of defendants were released on a personal bond, and bail was denied in 9 cases. When this was the only charge at booking (767 records), the median was $1,000 and 8% got a personal bond.

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.