Disagree entirely. The elements are very different.ScottDLS wrote:the standard for PI is the same as for driving and carrying under CHL.
PC 49 defines intoxication as:
(
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.
Elements for PI:
Emphasis added. It is not illegal to merely be intoxicated, you must present a danger to yourself or others AND be intoxicated.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.
Elements for DWI:
Person must be intoxicated, driving a vehicle, AND in a public place. Different elements.Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
PI requires the arresting officer to prove up the element of HOW the subject was a danger to themself or others....
A few examples:
-passed out in the middle of a street/parking lot/alley
-stumbling into traffic
-doesn't know where they are and can't get a ride
There are plenty of other ways to get there. It is, however, a very different standard than DWI. On a DWI if you can prove that person was driving a vehicle, the driving was in a public place, and they were intoxicated then you meet the elements. If a person is walking down the street, legally intoxicated (as in meeting the legal definition), but is very aware, coherent, and reasonable, that subject does not meet the danger element of the PI statute.
I can only speculate, that a CWI (carrying WI) charge would more closely resemble a DWI investigation than a PI investigation.
Splitting hairs, maybe.....but it's free.