Under Texas law, a passenger who is not driving at all can still be arrested during a DWI stop for public intoxication, interfering with an officer’s duties, or resisting arrest. That is the situation former "Home Improvement" star Jonathan Taylor Thomas found himself in early Monday, September 21, when Los Angeles County sheriff’s deputies stopped the car he was riding in at a Westlake Village intersection after it sat blocking traffic at a green light. According to the sheriff’s department, the driver was arrested on suspicion of DUI, while Thomas, 45, repeatedly got out of the passenger seat and approached deputies during field sobriety testing; deputies said that when they tried to detain him he resisted and kicked a deputy. He was booked on suspicion of felony obstruction and public intoxication, released the next day, and the case is being presented to prosecutors. No charges had been filed as of the latest reports, and California law governs his case, but the same events in Frisco or elsewhere in Dallas-Fort Worth would be analyzed under a specific set of Texas statutes.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
Can a Passenger Be Arrested for Public Intoxication in Texas?
Yes. Public intoxication under Texas Penal Code Section 49.02 applies to anyone who appears in a public place while intoxicated to the degree that they may endanger themselves or another person, whether or not they are driving. A public road, a roadside during a traffic stop, and even the inside of a car on a public street can qualify as a public place. Public intoxication is a Class C misdemeanor punishable by a fine of up to $500, but a person with three or more prior convictions within 24 months faces enhanced penalties, and minors face additional consequences, including possible license suspension.
Is Getting Out of the Car During a Traffic Stop a Crime in Texas?
It can be when it disrupts the officer’s work. Under Penal Code Section 38.15, interference with public duties occurs when a person, with criminal negligence, interrupts, disrupts, impedes, or otherwise interferes with a peace officer performing a duty. Repeatedly leaving a vehicle and approaching officers while they conduct field sobriety tests on a driver is the kind of conduct prosecutors cite under this statute. It is a Class B misdemeanor, carrying up to 180 days in jail and a fine of up to $2,000. Texas law does provide a defense when the interference consists only of speech, so the exact conduct, as shown on body camera video, matters.
What Is Resisting Arrest Under Texas Law?
Resisting arrest, search, or transportation under Penal Code Section 38.03 occurs when a person intentionally prevents or obstructs an officer from making an arrest or search by using force against the officer. A basic resisting charge is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Importantly, Texas law says it is no defense that the arrest itself was unlawful, so a person who believes they are being wrongly detained is expected to comply and challenge the arrest later in court. Allegations of physical contact with an officer can also lead prosecutors to consider more serious felony charges under other Penal Code sections, which is why these cases should be taken seriously from the start.
How Are These Charges Handled in Frisco and Collin County Courts?
A public intoxication citation or arrest is typically handled in a municipal or justice court, while interference and resisting charges are filed in the Collin County Courts at Law. Many people are surprised that a night that began as a friend’s traffic stop can produce multiple cases in different courts, each with its own deadlines. In some situations, first-time public intoxication defendants may be eligible for deferred disposition or alcohol awareness programs, and misdemeanor cases can sometimes be resolved through pretrial diversion. Any conviction, however, may appear on background checks, making early defense work valuable.
What Defenses Might Apply in a Passenger Arrest Case?
Defense strategies often begin with the video. For public intoxication, the state must prove not only intoxication but that the person posed a danger to themselves or others, which is a separate element prosecutors sometimes struggle to establish. For interference, the defense may argue that the person was only speaking or asking questions, which the statute protects. For resisting arrest, the key question is whether the person actually used force against the officer, as opposed to pulling away or going limp. Officer reports and body camera footage do not always match, and careful review can make a significant difference.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients across Frisco, Collin County, and the Dallas-Fort Worth area in public intoxication, interference with public duties, resisting arrest, and DWI-related cases. Our attorneys obtain body camera and dashcam footage, review every element the state must prove, and work toward dismissals, reductions, or diversion where possible. If you or a loved one was arrested during a traffic stop, whether as a driver or a passenger, contact L & L Law Group for a confidential consultation.
Can police arrest a passenger during a DWI stop? Yes. If officers have probable cause that a passenger is publicly intoxicated or is interfering with their investigation, the passenger can be detained or arrested even though they were not driving.
Is public intoxication a jailable offense in Texas? A standard public intoxication charge is a Class C misdemeanor punishable by fine only, although officers can still take a person into custody at the scene, and repeat offenses carry enhanced penalties.
What should a passenger do during a traffic stop? Generally, stay in the vehicle unless instructed otherwise, keep hands visible, follow lawful commands, and avoid arguing at the scene. Concerns about the stop can be raised later with an attorney.