PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02
Public Intox with 3 Prior Convictions 49.02 in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02” means
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.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class B misdemeanor | Up to 180 days in county jail | Fine up to $2,000 | Penal Code § 12.22 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02 in Texas
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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Hidalgo | 207 | $1,000 | $1,000 – $2,000 | 6% | 0% |
| Taylor | 119 | $1,500 | $1,313 – $2,500 | 0% | 1% |
| Dallas | 112 | $500 | $500 – $1,500 | 1% | 3% |
| Tarrant | 82 | $500 | $500 – $700 | 2% | 0% |
| Collin | 81 | $750 | $500 – $1,000 | 5% | 0% |
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.
How real PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02 cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with PUBLIC INTOX W/3 PRIOR CONVICTIONS 49.02?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), May 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.