NCJ Number
154788
Journal
American Journal of Police Volume: 12 Issue: 4 Dated: (1993) Pages: 127-148
Date Published
1993
Length
22 pages
Annotation
In analyzing police implementation of the Texas public intoxication statute in the Lower Rio Grande Valley, this study found that public intoxication arrests accounted for a significant proportion of all arrests in the four small cities examined.
Abstract
Eight cities with a population of less than 12,000 were identified, and four cities were chosen for study using random sampling techniques. Quantitative data came from content analysis of police arrest reports and Uniform Crime Reports. Qualitative data were obtained through participant observations of police officers and police chiefs. The incidence of public intoxication arrests was limited to those over 18 years of age. Public intoxication arrests accounted for a significant proportion of all arrests in the four cities. Such arrests were sometimes made in lieu of driving while intoxicated (DWI) arrests. In three cities, a significant number of public intoxication arrests involved people who were passengers in a car whose driver appeared to be DWI or who were staggering or lying down, sleeping in a parked car, standing outside a car talking to someone, running suspiciously, or walking and crying loudly. Each of these circumstances seemed to relate very weakly to the "dangerousness to self or others" element of probable cause to arrest for public intoxication. In 1990 and 1991, most public intoxication arrestee cases were concluded by simply paying a modal fine of $150. The majority of those arrested in two cities paid fines to secure release from jail. Legal, constitutional, and criminal justice implications of the findings are discussed. 39 references, 19 notes, and 6 tables