<Li> Montana state law states that public intoxication is not a crime . However, the law allows law enforcement to take an intoxicated person home, or to detain them, if they are a danger to themselves or others . The law also states that no record can be made that indicates the person was arrested or detained for being intoxicated . </Li> <Li> Nevada has no state public intoxication law . Nevada state law both protects people from suffering any criminal penalty (including arrest) for the mere act of being drunk in public, and prohibits local jurisdictions from enacting criminal public intoxication laws on their own . </Li> <Li> Oregon: The state has no laws against public intoxication and actively bans local intoxication ordinances in § 430.402 . "However, if the person is incapacitated, the health of the person appears to be in immediate danger, or the police have reasonable cause to believe the person is dangerous to self or to any other person, the person shall be taken by the police to an appropriate treatment facility ." § 430.399 </Li> <Li> Texas: Public intoxication is a Class C misdemeanor (Class C misdemeanors are punishable by fine only not to exceed $500). However, if the offender is a minor, harsher penalties apply (especially if a two - time prior offender in which case jail time can be ordered). Section 49.01 of the Penal Code, which legally defines "intoxication", includes both a blood alcohol content greater than 0.08 but also defines it as "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body"; thus, a breathalyzer or field sobriety test is not required to prove public intoxication . This low standard of proof has led to criticism that officers are using "public intoxication" as a means of harassment, especially towards minority groups . </Li>

When can you be arrested for public intoxication