Unsurprisingly, there seems to be some blowback from the TABC's decision to arrest people for public intoxication while they're still in the process of getting intoxicated:
After an outcry from tourism officials, state lawmakers and the public over a crackdown on public drunkenness in bars, the Texas Alcoholic Beverage Commission is conducting an internal investigation and retraining officers in the program.
Undercover officers will still be ticketing or arresting bar patrons who are deemed exceedingly drunk, but officials are taking the complaints seriously, commission spokeswoman Carolyn Beck said today.
Just so long as you're not complaining over a few pints, one assumes.
TABC officials emphasize that those targeted by undercover officers have been quite drunk, clocking on average a blood alcohol level of .17, twice the legal limit.
Here's the revlevant statute:
§ 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.
That seems a mite arbitrary, at least, it isn't quantifiable solely by BAC. I know guys who like to throw punches after two beers, as well as those who are the biggest pussycats on earth after 12.
Let's see what standards the TABC are using:
Beck has said officers are looking for a collection of behaviors, including stumbling, an inability to stand or being inappropriately loud.
Apparently they won't be frequenting some of the same bars I do, where jukebox or TV volume levels make it necessary to yell just to maintain a conversation.
And "inability to stand" should be viewed as a good thing: if they can't walk, they can't make it to their car.