When Can You Be Charged for Being Intoxicated in Public

[d_annross]

My question involves criminal law for the state of: Texas

I was in a car with a friend that was charged with DUI. I did have a couple of drinks that night, but I was not arrested nor ticketed at the time. My question is....can they come back at a later date and charge me with Public Intoxication?

[PTPD22]

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.

Could they? Yeah, you can be charged up until the statute of limitations runs out (probably a year for this offense). However, your scenario does not sound like it meets the elements of the crime. Unless you are an aggressive or violent drunk, or were so wasted that you were unable to care for your own safety.