They say everything's bigger in Texas, and that includes absurdity in law enforcement. Most states and towns have public intoxication laws that allow peace officers to pick up the drunk and disorderly. But in the Lone Star State, the nation's broadest PI law lets cops go virtually anywhere and arrest anyone for drunkenness—even if they're quietly nursing a beer in a bar.
Arrested for drinking in a bar? Sounds like the ultimate catch-22. Since 2006, when Texas overtook California as the state with the most drunk-driving fatalities, cops and a beefed-up task force from the state Alcoholic Beverage Commission have used a 1993 law as a pretext to enter any bar and arrest its patrons on the spot. The public intoxication standard, backed by the Texas-based Mothers Against Drunk Driving, is so broad that you can be arrested on just a police officer's hunch, without being given a Breathalyzer or field sobriety test.
State courts have not only upheld the practice but expanded the definition of public intoxication to cover pretty much any situation, says Robert Guest, a criminal defense attorney in Dallas. "Having no standard allows the police to arrest whoever pisses them off and call it PI," he says, adding, "If you have a violent, homophobic, or just an asshole of a cop and you give him the arbitrary power to arrest anyone for PI, you can expect violent, homophobic, and asshole-ic behavior."
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