Is your front porch considered private property in Texas?

I came home to my parents house after being out one night and got into a verbal argument with them. The cops were called and I was questioned by the officers for over an hour about "looking drunk." I offered to take a breathalyzer test multiple times, but they refused to administer the test. I stepped out... show more I came home to my parents house after being out one night and got into a verbal argument with them. The cops were called and I was questioned by the officers for over an hour about "looking drunk." I offered to take a breathalyzer test multiple times, but they refused to administer the test. I stepped out on my front porch to make a phone call for a ride, as I felt it would be better to leave. As soon as I was on the porch the officer arrested me for public intoxication. At arraignment I pleaded not guilty and invoked my right to a trial by jury. #1 I was not intoxicated, #2 I was not a danger to those around me or myself, #3 it was my understanding that a porch on a residential home is private property. Finally, no blood was drawn or breathalyzer test was given, so it appears to me that the officer was just getting mad and took me in to resolve the situation.

I was going at this (pro se) with no attorney, as I'm 32 years old and recently lost my job. I simply can't afford to have this on my record or afford the costly fees of a trial attorney. Any advice would be greatly appreciated.
Update: Sorry, I forgot to say that this happened around 2:30am in the morning, and I did admit to the officers I had three beers watching the Cowboys game at my friends house around 5pm earlier that afternoon. I was talking with them coherently for almost an hour and it had been 9 hours or so since my last drop of beer.... show more Sorry, I forgot to say that this happened around 2:30am in the morning, and I did admit to the officers I had three beers watching the Cowboys game at my friends house around 5pm earlier that afternoon. I was talking with them coherently for almost an hour and it had been 9 hours or so since my last drop of beer. Which is why I offered to take a breathalyzer test. As it turns out class C misdemeanors are not eligible for public defenders, which makes me feel even more like I'm being forced into simply paying the fine.
5 answers 5