Are crimes of DWI and public intoxication different, and if so, how ?
Yes, they are very different. Specifically, the statutory definitions of the term “intoxicated” are not equal in regard to the two charges. The DWI intoxication definitions (loss of normal mental or physical faculties and/or .08 or more) require a lesser measure of intoxication than does public intoxication (P.I.). A person is “intoxicated” for purposes of P.I. when he is either a danger to himself or a danger to others. In addition, police officers usually video tape DWI suspects, and persons holding drivers licenses have conditionally pre-agreed to take either a breath or blood test (this is implied consent), upon request, after their arrest for DWI. No such agreement or videotape procedure exists for P.I. Finally, the punishments for DWI, which are discussed in the following section, and P.I. are different. Specifically, P.I. is in the lowest category for criminal offenses, it is a Class C misdemeanor which carries with it the possibility of a fine up to $500.00 — no incarceration
