Are crimes of DWI and Public Intoxication different?
Yes, they are 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 alcohol concentration) require a lesser measure of intoxication than does Public Intoxication (P.I.). A person is “intoxicated” for purposes of P.I. when she is either a danger to herself or a danger to others. In addition, police officers usually videotape DWI suspects, both at the scene and in jail, and persons holding driver’s licenses have conditionally pre-agreed to take either a breath or blood test, upon request, after their arrest for DWI. No such agreement or videotape procedure exists for P.I. 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 of up to $500. No incarceration may be assessed upon conviction for this type of misdemeanor. Attorney note: Public intoxicatio
