If it's your property, no. If the property is accessible to the public or a large group of people, you can get a DWI in the state of Texas.
Texas DWI Laws
According to the Texas Penal Code, a person commits an offense if they are intoxicated while operating a motor vehicle in a public place. However, the interpretation of what constitutes a "public place" can extend to certain private properties under specific circumstances.
According to the Texas Penal Code, a person commits an offense if they are intoxicated while operating a motor vehicle in a public place. However, the interpretation of what constitutes a "public place" can extend to certain private properties under specific circumstances.
Definition of a “Public Place”
Under Texas Penal Code Section 1.07(a)(40), a public place is defined as "any place to which the public or a substantial group of the public has access." This broad definition includes streets, highways, and even private properties such as parking lots of businesses and apartment complexes, where the public generally has access.
Under Texas Penal Code Section 1.07(a)(40), a public place is defined as "any place to which the public or a substantial group of the public has access." This broad definition includes streets, highways, and even private properties such as parking lots of businesses and apartment complexes, where the public generally has access.
DUI on Private Property
The Texas Penal Code does not explicitly state that you can be charged with a DUI solely for driving on private property. But if the property is owned by you or a family member/friend, they should NOT be able to arrest you for a DWI.
However, case law and legal precedents indicate that if the property is accessible to the public or a substantial group of people - parking lots of bars, restaurants, and retail establishments - it may be considered a public place for the purposes of a DWI charge. Officers often conduct surveillance and perform field sobriety tests in these areas, leading to DWI charges.
For example, in the case of State v. Gerstenkorn (2004), the Texas Court of Appeals upheld a DWI conviction for a defendant who was driving on a private road within a gated community. The court determined that the road, despite being private, was still accessible to residents and their guests, thus constituting a public place under the law.
The Texas Penal Code does not explicitly state that you can be charged with a DUI solely for driving on private property. But if the property is owned by you or a family member/friend, they should NOT be able to arrest you for a DWI.
However, case law and legal precedents indicate that if the property is accessible to the public or a substantial group of people - parking lots of bars, restaurants, and retail establishments - it may be considered a public place for the purposes of a DWI charge. Officers often conduct surveillance and perform field sobriety tests in these areas, leading to DWI charges.
For example, in the case of State v. Gerstenkorn (2004), the Texas Court of Appeals upheld a DWI conviction for a defendant who was driving on a private road within a gated community. The court determined that the road, despite being private, was still accessible to residents and their guests, thus constituting a public place under the law.
Legal Consequences
The penalties for a DWI conviction in Texas can be severe, including fines, jail time, community service, and mandatory alcohol education classes. The severity of the penalties typically increases with the number of prior offenses and the presence of aggravating factors such as having a high blood alcohol concentration (BAC) or causing an accident.
The penalties for a DWI conviction in Texas can be severe, including fines, jail time, community service, and mandatory alcohol education classes. The severity of the penalties typically increases with the number of prior offenses and the presence of aggravating factors such as having a high blood alcohol concentration (BAC) or causing an accident.
Law enforcement can get it wrong. Call Jeff Brown, DWI attorney in Dallas-Fort Worth, and he will review every detail of your DUI conviction and investigate the claims made by Texas law enforcement.