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Public Intoxication

San Marcos Public Intoxication Lawyer

A single encounter on a weekend night where one imbibes too much can lead to handcuffs and a night in jail. As a public intoxication lawyer in San Marcos, I assist people and families dealing with Public Intoxication (PI) citations across the region. 

PI charges in Texas are classified as a Class C misdemeanor, but they still create a criminal record, carry fines, and trigger academic or professional consequences. If you or someone you care about has been charged, the time to take legal action is right now.

Call (512) 551-1179 or reach out to me online today to schedule a free case evaluation.

A PI Charge Is More Defensible Than Many People Realize

Texas law sets a specific legal standard for a valid PI arrest, and that standard is not simply "this person had been drinking." Understanding that distinction is where a well-constructed defense begins.

The Danger to Self or Others Standard

Under Texas Penal Code Section 49.02, a person can only be lawfully arrested for public intoxication if they are intoxicated to the degree that they present a danger to themselves or others. That word, danger, carries real legal weight. An officer's subjective judgment that someone appeared intoxicated is not, by itself, sufficient grounds for arrest.

The absolute subjectivity of a Public Intoxication arrest becomes obvious when looking at how local police monitor nightlife hotspots like the Square. If someone is waiting on a designated rideshare pickup along LBJ Drive or walking peacefully back to an off-campus student housing complex, they are actively attempting to avoid endangering themselves or others. 

Yet, during large-scale weekend crowd control operations, officers frequently arrest students who are simply loud or unsteady on their feet. We can systematically pull the body camera footage from the San Marcos Police Department or Hays County Sheriff's deputies to demonstrate that our clients were behaving responsibly and did not pose an actual physical threat to anyone in the area.

In San Marcos, PI arrests are concentrated heavily around the Guadalupe Street corridor, the Square, and the areas surrounding Texas State University during high-traffic weekends and events. Law enforcement sweeps in these areas are common, and arrests sometimes happen quickly and with limited documentation. 

I examine every detail of the stop, including what the officer observed, how it was recorded, and whether the legal standard was actually met, because shortcuts in the arrest process often create legitimate angles for defense.



Client Experiences That Matter

Reviews & Testimonials
    Do yourself a favor and call Richard.
    “Richard was great. For his reasonable fee, he represented me at all court dates (there were three) negotiating on my behalf, negating the need for me to ever have to appear in court.”
    - Robert
    Richard really is as good as it gets.
    “He has earned my loyalty and I will go out of my way to refer him to friends or family members who need a good criminal attorney.”
    - Scott
    Mr. Ursha has been amazing
    “Mr. Ursha has been amazing and extremely helpful in a very stressful, and oftentimes overwhelming, point in my life.”
    - Michael
    The man he knows what he's doing.
    “I highly recommend Richard. he's a very good person and a great lawyer. When it comes to DUI cases, time is on your side just listen to the man he knows what he's doing.”
    - Javier
    Very kind and sympathetic.
    “He was easy to talk to, a bit humorous, and was very down to earth. He seems to be well informed and has a lot of history with the judges and prosecutors in court which can be VERY helpful. I highly recommend him.”
    - Tony
    It was pleasure working with Richard.
    “From the first call with Richard, he walked through the process and made me feel that everything will be okay.”
    - Moe
    Highly recommend Richard.
    “I hired Richard to represent my daughter for a DUI, she is a college student. Richard was able to get better results than I expected. He was able to keep DUI off her record. He quickly responds to questions and truly cares about his clients and their futur”
    - Corine
    A weight got lifted off my shoulders! Thank you.
    “Mr. Ursha was very professional and easy to work with.”
    - Tina
    Professional and knowledgeable.
    “He made a very difficult situation much easier to navigate and we always felt supported and informed. We are truly grateful for his help and highly recommend.”
    - Amy

A Lawyer Who Can Help

For a Texas State student, a public intoxication conviction creates a record that can surface in background checks for internships, student teaching placements, graduate school applications, and professional certifications. The charge feels minor until it impacts a career opportunity. 

Having spent more than two decades working inside and alongside the justice system, I understand both how these cases are built by law enforcement and how to challenge them effectively.

Legal proceedings move on their own schedule and in their own language. I make it a point to clarify all of it, including what has been filed, what each step means, and what your options actually are, so that nothing about this process has to feel like a mystery. The strong testimonials I’ve received from previous clients tell you what you can expect. 

My office is in San Marcos, and I work with clients in Hays, Comal, Caldwell, and Guadalupe counties and throughout Hill Country. Call (512) 551-1179 today.

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A Strong Advocate in Your Corner

  • Committed to Protecting Your Future
    Focused on minimizing the impact of criminal charges so you can move forward with confidence.
  • Decades of Criminal Justice Experience
    Nearly 25 years of experience working with prosecutors, judges, and court personnel.
  • Clear Guidance Through Every Step
    Honest communication and straightforward explanations to help you make informed decisions.
  • Aggressive Defense When It Matters Most
    Dedicated advocacy focused on protecting your rights, freedom, and future.
  • Personal Attention for Every Client
    Direct, one-on-one representation tailored to your specific situation and goals.
  • Former Law Enforcement & Prosecutor Insight
    A unique perspective that helps identify opportunities and challenges within the criminal justice system.