Former TCU Players Arrested – Texas Public Intoxication Laws

According to Dallas police officials, three former Texas Christian University football players were arrested last Saturday for public intoxication.  The officers noticed a disturbance at the block of 1400 Main Street that began at a nightclub and involved all three football players.  Cory Grant, 23, Jerry Hughes, 22, and Stephen Hodge, 24, were all arrested on public intoxication charges.

Hodge was drafted by the Dallas Cowboys in 2009 as a part of the NFL Draft.  He was soon released from the Dallas Cowboys after sustaining an injury.  Hughes was drafted in 2010 by the Indianapolis Colts as a first round pick.

According to the Texas Penal Code Section 49.02, a person has committed an offense if the person appears to be intoxicated in a public place to the degree that the person may endanger others.  The Section also states that it is a defense to prosecution that the alcohol or other substance was administered for therapeutic purposes and as a part of the person’s professional medical treatment by a licensed physician.  Except as otherwise listed in Subsection (e) of the Texas Penal Code Section 49.02, an offense under this section is a Class C misdemeanor.  In the case that a person under 21 years of age commits an offense under this section, it is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.

The Texas Penal Code Section 49.02 also states that public intoxication in Texas is considered a Class C Misdemeanor.  Class C Misdemeanors are punishable by a fine of up to $500.00.  Although, in the case that you have had two prior public intoxication convictions, the third conviction issued makes the Class C Misdemeanor a Class B Misdemeanor, which carries a potential jail time of up to 180 days and a fine up to $2,000.

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