Can You Be Charged With Public Intoxication if You're On Private Property

My question involves personal property located in the State of: Texas

Hello, I am new to this forum and registered to see if anyone can help me answer my question, btw: please move my thread if it is in the wrong section. City Police entered a friend's vacant lot. We were drinking and police entered and gave us Public Intoxication and called the wrecker service to pick up our vehicles. Can they do that? They classified the lot as an open field because the lot does not have a house or fence. Is that possible? Even if that "open field" has an owner and was there? Thanks in advance. :)

If you were visible to the public, such as from the street, then you were "in public" and can be cited. Doesn't matter that the property you were standing on was private (MOST property is in fact, private, as opposed to public).

What is the definition of public intoxication? Some who were not drinking were also given P.I. They were not resisting nor arguing and no one was given a sobreity test.

Quote:

---

Quoting OOV

---

What is the definition of public intoxication?

---

"Intoxicated" is defined under Texas Penal Code section 49.01(2) and "Public Intoxication" is defined under 49.02 (just scroll down the page linked above).

Sec. 49.01. DEFINITIONS. In this chapter:
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
.................................................. .................................................. .................................................


Sec. 49.02. PUBLIC INTOXICATION . (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.


So then they could not have given us public intoxication because they did not check the alcohol concentration or do any sobriety tests? Two people were making things hard for the police. So they should have just charged those people and arrest those. Or am I wrong? :confused:People who were not drinking also got public intoxication!