quote:

I think a literal reading of 14.06 leads to the conclusion that all PI suspects must be arrested, but only if you ignore 14.031. Reading the two together, I think an officer does not have to arrest a person for PI if the officer thinks CCP Art. 14.031(a) applies, in which case he can issue a citation and release the PI suspect under those conditions.

The purpose of 14.031 is to allow the release of a drunk in a way that address the liability concerns raised by the nature of the offense (see subsection (d)). Subsection (a) allows an officer to release (pre-arrest), and subsection (b) allows a magistrate to release post-arrest. I am reading that "pre-arrest" phrase into the statute because the statute only makes sense that way. I know that 14.031(a) only says "release," not "issue a citation and release," but I think 14.031(a) and 14.06(b) are supposed to work together. If the law required an arrest for every PI case, then (a) makes no sense.

I guess the other options is that the officer could not make an arrest or issue a citation, release the person under 14.031(a), and then write up a report and refer the case to the local prosecutor for a charging decision, which (if filed) would require the issuance of a summons or warrant for the defendant to appear in muni/JP court at a later date, but that seems way more time-consuming and inefficient than a citation. And the bottom line is, what suspect going to complain about being released on a citation instead of being arrested???