What y'all think of this? (Bar Sweep for Public Drunkeness)
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From: McKinney, TEXAS
What y'all think of this? (Bar Sweep for Public Drunkeness)
Recently,
Here in the metroplex, the Texas ABC board conducted a sweep of bars where agents subjected patrons inside to field sobriety tests and made arrests. The agents had to determine if the patrons were a "danger".
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Is this right or wrong?
Don't turn this into a thread to disuss your religious views of drinking (mods, please lock it down if it turns into that or somehow turns political).
My wife and I were eating lunch at a Mexican place the last Saturday. She weighs 105 pounds soaking wet and doesn't drink much. She had one margarita (a strong one). She was a little "tipsy" and would have failed a field sobriety test. Does that mean she could have been arrested. That's crazy (I don't think an agent would have found here "a danger" in this case, but you get my point).
~Rob
Here in the metroplex, the Texas ABC board conducted a sweep of bars where agents subjected patrons inside to field sobriety tests and made arrests. The agents had to determine if the patrons were a "danger".
Click here for story
Is this right or wrong?
Don't turn this into a thread to disuss your religious views of drinking (mods, please lock it down if it turns into that or somehow turns political).
My wife and I were eating lunch at a Mexican place the last Saturday. She weighs 105 pounds soaking wet and doesn't drink much. She had one margarita (a strong one). She was a little "tipsy" and would have failed a field sobriety test. Does that mean she could have been arrested. That's crazy (I don't think an agent would have found here "a danger" in this case, but you get my point).
~Rob
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I think it's nonsense. If you have more than 2 beers in an hour you are legally drunk (results may vary). If they were to ever come down here they'd have to bring the paddy wagon because nobody on North Gate would pass. If I wanna go out and get a little tipsy, as long as I've got a ride home and I'm not starting anything, then I should be perfectly legal to do that. This is BS. I swear if they screw up my 21st bday I'll have their heads on a stick.
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From: Nebraska
Originally Posted by BigBlue
Yes I agree, but to actually go into a bar and start doing field sobriety tests is bogus. I know in college station they won't harass you until you step outside of the bar in view of the public.
Not here in Lincoln...
The big thing here is "Keeping a Disorderly House'. A college kid just got 30 days in jail for being on the lease and getting two "disorderly house" tickets in 30 days. He wasn't even at the party on the second one. Just on the lease.
Just as long as the landlords don't get tickets I don't care.
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From: Idaho
Stupidest thing I have ever heard. Hopefully they don't start doing that around here, or I am going to need bail money. I guess Blue should just stay in and get drunk in his house on his 21st birthday.
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From: Central VT
The reason they state is to try to talk the DWI/DUI problem. Apparently TX has "2X the DWI/DUI rate of California with 20 million fewer people". **** Texan diesel pick up truck drivers! 
The funny thing is that on the news program I saw, they were arresting people who were drinking at a hotel bar... STAYING AT THE HOTEL!!!!
The funny thing is that on the news program I saw, they were arresting people who were drinking at a hotel bar... STAYING AT THE HOTEL!!!!
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From: Crosby, TEXAS
Originally Posted by RustyJC
Drinking in public, where legal (like in a bar), is not a problem. Being drunk in public is illegal - it's called public intoxication, and a bar is a public place.
Rusty
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From: Cypress, TX
Originally Posted by derek840378
"i dont wanna be drunk in public, i wanna be drunk in a bar. they (bouncers) THREW me in public, arrest them!" - ron white
Rusty
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From: New Braunfels, TX
It is illegal in Texas for a bartender to serve more than two drinks or shots per hour per customer. I have NEVER seen a bar tender keep track of time. They did the same at a bar I frequent. They arrested the person and gave the bartender a ticket.
"A public place is anywhere that members of the public have the right to go, or anywhere people invite them to go. Streets, public squares, shopping centres, schools and sports arenas are all public places where people may freely go." I think that a bar is not considered a public place because you either have to pay a cover or have to be a certain age. Public (to me) means that you are somewhere ANYBODY could be. Or I could be totally wrong. One of my friends got a PI in a car while being taken home. In other words HE WASN'T DRIVING. So who knows what a "public" place is.
"A public place is anywhere that members of the public have the right to go, or anywhere people invite them to go. Streets, public squares, shopping centres, schools and sports arenas are all public places where people may freely go." I think that a bar is not considered a public place because you either have to pay a cover or have to be a certain age. Public (to me) means that you are somewhere ANYBODY could be. Or I could be totally wrong. One of my friends got a PI in a car while being taken home. In other words HE WASN'T DRIVING. So who knows what a "public" place is.
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From: Chaffee, NY
It absolutely absurd !!! 
If someone is causing a problem the barkeep should call the cops.
If the cops want to crack down on DUI's they can sit right outside the bar and nab people when they put the key in the ignition.
Other than that, LEAVE US ALONE BIG GOVERNMENT !
If someone is causing a problem the barkeep should call the cops.If the cops want to crack down on DUI's they can sit right outside the bar and nab people when they put the key in the ignition.
Other than that, LEAVE US ALONE BIG GOVERNMENT !
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From: The Garden State
Originally Posted by RustyJC
Drinking in public, where legal (like in a bar), is not a problem. Being drunk in public is illegal - it's called public intoxication, and a bar is a public place.
Rusty
Rusty
The question is: What precipitated this type of "zealous" enforcement? How far do they want to split hairs? Is it possible that soon they will arrest iron ore miners, because the ore will be made into steel, that could be made into a knife, that could be used to... well you see my point. Usulay this type of enforcement is intituted as a wake up or shake up because of numerous problems related to a particular issue, drinking in this case. Civil libertarians will have a field day with it I am sure, but it can be accepted as a bit of neccessary evil. If it saves a life, well how can anyone put a value on that?
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From: Cypress, TX
Texas Penal Code Section 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.
(b) It is a defense to prosecution under this section 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.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, § 12, eff. Sept. 1, 1997.
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.
(b) It is a defense to prosecution under this section 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.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, § 12, eff. Sept. 1, 1997.
Texas Penal Code Section 1.07
DEFINITIONS:
(a) In this code:
(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
DEFINITIONS:
(a) In this code:
(40) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
Rusty
