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Great question bro. every state has their own vehicle traffic law on P.I. I've been out of service 18 years, please check with your states statue!

O.K.

Public intoxication has become a problem as far as passing out on a street corner, or taking a piss on the side of a building or at a street corner, or simply becoming a nuisance to other's.

If you've been drinking any alcoholic beverage and your with a DESIGNATED driver, your safe. But' if your drunk and the driver is drunk as well, you both will go to jail.. But' not necessarily in all cases, number one rule is to keep your mouth shut and don't get beligerant with the officer.

An officer can at times allow someone to come and take you home.

Tx penal code states you MAY be arrested for public intoxication if you are deemed a danger to yourself or others.  That can include off your front lawn if you are acting like an ass.  As far as the passenger goes....consider this. IF the officer doesnt take  that person PI and he walks into traffic and gets killed,  or gets jumped,  whom do you think is going to be liable .   OR the officer puts the PI in a cab and sends him on his way.  Half way home he gets out of the cab and walks into traffic and gets killed.   You are responsible for what you do and for what you DON'T do.

It usually has less to do with "where" you are than it does "what" you are doing, or how big an ass you've become.  I've popped people before for disorderly while intox. in their own home.  Public intox., for us, falls into a few different sections, like "walking on the roadway while intox" or "persistent disorderly while intox" etc.

No PI laws in IL.  Too many politicians would be arrested.  LOL.  Uh, they have other things to be arrested for.

ap3127 says ...

Tx penal code states you MAY be arrested for public intoxication if you are deemed a danger to yourself or others.  That can include off your front lawn if you are acting like an ass.  As far as the passenger goes....consider this. IF the officer doesnt take  that person PI and he walks into traffic and gets killed,  or gets jumped,  whom do you think is going to be liable .   OR the officer puts the PI in a cab and sends him on his way.  Half way home he gets out of the cab and walks into traffic and gets killed.   You are responsible for what you do and for what you DON'T do.

Or if you are on your front porch, we can pop you for DisOrderly Conduct if you're running your mouth, or possibly Interfering with the Duties of a Police Officer.   The PI may not always pass muster, but it gets you out our face.

In the vehicle...yes, if the driver goes and the passenger isn't sober enough to drive... two for the price of one.  We don't HAVE to give the option to call someone to come get you if you're not the driver.

Inside an establishment can be a little tricker.  Texas Alcoholic Beverage Commission agents have gotten a lot of grief for busting drunks inside bars.   BUT if you allow them to get into a vehicle, then it's considered entrapment.  Sometimes you can't win.

In answer to your other question... DWI, PI, and DOC are codified at the state level in Texas.

This has to do with TABC agents..... Back in 1984 when I was 17 I attended the Stock Show & Rodeo with my best friend who was 19, (The legal age then to drink)...Well he went to the Beer vendoe & bought two 32oz cups for us.....As soon as I got hold of my cup, 2 TABC agents approched me & asked for my ID....I gave it to them & they poured my beer out & cited me an MIP.....They did NOTHING to my friend !!! LoL - I know he was my bud, but c'mon !!!  What happened to Buying a beer for a minor charge ? :-0

Anyway, I called the JOP's office & asked what the fine would be & this woman had a very thick "African-American dialect" & I heard her say . 'It'll be 4 to 5.50".... I thought to myself that's a cheap fine, COOL !!!

Glad I took a $50 dollar bill with me cause it was $45.50 , not 4 to 5.50.....

ahhh youth !!!

Like many others have said.  Each State, City, Town or what ever have their own version of the PI law.  What it boils down to is if you act like an ass, or if you are so toasted you might endanger yourself or others you will most likely get charged.  Back before that law was written, we used to drag them in for Protective Custody and let them sleep it off in tank.  When they sobered up we just booted them out the back door with no charges.   Kind of like that old drunk in the Mayberry jail ( Andy Griffith show),  Good luck and stay safe.   John

This is the Georgia Code section.

TITLE 16.  CRIMES AND OFFENSES  

CHAPTER 11.  OFFENSES AGAINST PUBLIC ORDER AND SAFETY  

ARTICLE 2.  OFFENSES AGAINST PUBLIC ORDER

§ 16-11-41.  Public drunkenness





   (a) A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language, is guilty of a misdemeanor.



(b) This Code section shall not be construed to affect the powers delegated to counties or to municipal corporations to pass laws to punish drunkenness or disorderly conduct within their respective limits.

  

 If you open your mouth and/or disturbe the peace your public drunk or disordery conduct.  Being said did the paaenger open his mouth and make a scene that could have been heard by the general public if so that should answer you question.

Ralph8119 says ...

You know sitting here in my singles pad in Colombia going over this very tread, something made me laugh my ass off "The word confused and public intoxication" brother you had the answer all long, and you didn't even know it!

Damn Ralph, I didnt know its was like that, I thought we were cool, LOLOLOLOLOLOL

In WV if you have had any alcohol your pretty much fair game unless in your house or in an establishment.  We're sometimes more leniant on the in your yard thing unless your a drunk raging asshole, then your bought and paid for.  Here though it is a ticket, but you have to put the drunk somewhere.  We have a program called CARES that will take drunks from the surounding counties and just won't let them leave until they are sober.  We just have to put them in the care and custody of someone else.

None public intoxication in the State of Virginia.

insighthunting says ...

PI is really a "catch all" offense.  A public place is almost anywhere outside a private residence.  I can take you from your yard, porch or anywhere the public has unchallenged access.  If I can walk up on your porch and knock on your door you're in a public place.  I can even take you from a permitted establishment.  All I have to do is articulate how you may be a danger to yourself or another.  I can even sack you up if you have a sober "keeper" as long as I can articulate the danger.  We had a guy one time who was with his sober girlfriend.  I watched her try to contain / control him for a number of minutes and finally decided he would be a danger to himself or another even in her care. 

 

You are absolutely correct!!! Good advice:)

brooks125 says ...

It usually has less to do with "where" you are than it does "what" you are doing, or how big an ass you've become.  I've popped people before for disorderly while intox. in their own home.  Public intox., for us, falls into a few different sections, like "walking on the roadway while intox" or "persistent disorderly while intox" etc.

That was not very nice at all , popped someone for being drunk ?  shame on you ,   i would like to let you know because obviously you do not know , there has to be an injured person/human to be convicted of a crime ,,, was anyone hurt besides the guy you hurt ? i think we know who the criminal is now!   wow , you are really something.