Can You Get a DWI on Private Property in Texas?

It may come as a surprise, but yes, you can be arrested for driving while intoxicated (DWI) on private property in Texas. Texas Penal Code § 49.04 makes DWI a crime in any “public place,” and § 1.07 defines that as anywhere the public has access, so you could be arrested for a DWI while driving in an area that’s private but accessible to the public.

Say someone was intoxicated and driving around in the parking lot of a bar. Although the parking lot is private property, it’s accessible to the public. If that person is pulled over by law enforcement, they could face DWI charges and other penalties. If this situation sounds familiar, you could benefit from partnering with a Houston DWI Lawyer.

You Can Get a DWI on Private Property in Texas

Driving while intoxicated is illegal. Period. It doesn’t matter whether the property is public or private, as long as the public has access to it. Any time someone gets behind the wheel with a blood alcohol concentration level of 0.08 or higher, they run the risk of jail time, license suspension, and fines.

The flip side matters just as much. If you were in your own driveway or behind a gate the public can’t get through, the State may not be able to prove the public place element, and without it there’s no DWI under § 49.04. That’s one of the first things we look at.

Just because a place is private doesn’t mean it isn’t open to the public. Examples include:

• Restaurant or bar parking lots
• Apartment or condominium parking lots
• Shopping center or mall parking lots
• Stadium parking lots
• Private gardens and estates that are open to visitors
• Cultural institutions
• Private universities and colleges
• Amusement parks, arcades, and golf courses

Texas’ DWI laws are written to enhance public safety. Yet, that doesn’t mean that police are always right when they make an arrest. Whether you have been arrested on private or public property, you have the right to a DWI lawyer to fight the charges and defend your good name.

A DWI on Private Property Can Result in Serious Penalties

The penalties for DWI on private property in Texas are the same as they would be if you were arrested on a public street or highway. A DWI conviction can mean jail and a fine. Your driver’s license can be suspended too.

For a first-time offense, you could face:

• A fine of up to $2,000
• Up to 180 days in county jail upon conviction
• The loss of your driver’s license for up to a year

These penalties can increase based on the details of your arrest. For instance, if you were pulled over with a child younger than 15 in the car, you could face DWI with a child passenger and child endangerment charges. Here, you could face other penalties than those listed above.

The Secondary Consequences of a DWI Conviction on Private Property in Texas

After being convicted, fines, license suspension, and time behind bars could just be the beginning. You could also face:

• Problems retaining custody of your children
• Issues getting approved for housing and loans
• Red flags on any background checks employers conduct
• The consequences of a second-time DWI (if convicted again)

You don’t want to solely leave your future in the hands of a judge and jury. You want a criminal defense lawyer on your side who can advocate for your freedom and future.

A Texas DWI Lawyer From Our Firm Will Fight Your Charge

An arrest for a DWI on private property is an unwelcome introduction to the criminal justice system. Having to deal with license suspension is just one piece of a very complicated puzzle. By facing a trial alone, you risk irreversible damage to your reputation and quality of life.

Attorney Jay Blass Cohen has a reputation for clearing the names of DWI arrestees. Jay is a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, an ACS-CHAL Forensic Lawyer-Scientist, and trained in forensic chromatography.

We Have a History of Defending Those Arrested on Private and Public Property

Here are some of his most recent victories:

• Things didn’t look good when our client caused an accident. Things took a turn for the worse when he failed all sobriety tests at the accident scene and the police station. Still, despite the odds, Attorney Cohen secured a “not guilty” verdict from a jury in a Harris County court.
• The police found our client asleep in his car, blocking a roadway. Testing at the police station revealed that he was also under the influence of several narcotics. Not a problem for Attorney Cohen; he cleared his client’s name and secured a “not guilty” ruling.
• The police pulled over our client (a lawyer) who was driving with one headlight on. He admitted to drinking beforehand but failed the field sobriety tests. The jury returned a verdict of “not guilty” after presenting our case.

Prior results do not guarantee a similar outcome.

These are just some of the outcomes we’ve secured for people in situations just like yours. Whether this is your first, second, or third-time DWI arrest, you have the right to legal counsel.

We Employ Solid Defense Strategies to Secure an Acquittal

You’re innocent unless and until proven guilty. After evaluating the details of your case, we may assert one of the following to secure a positive outcome:

• The police improperly collected evidence.
• The arresting officer did not properly conduct field sobriety tests. Or the breath test machine wasn’t properly maintained, causing inaccurate results.
• You were drinking but were under the legal limit and not impaired.
• You were not guilty of the crime itself.
• The police did not have probable cause to pull you over.

We may also raise questions about where you were arrested. Penal Code § 49.04 only reaches a public place, which § 1.07 defines as anywhere the public or a substantial group of the public has access. If you were in your own driveway or behind a locked gate, the State may not be able to prove that element at all.

Get a Case Evaluation With A DWI Defense Lawyer

An arrest for a DWI on private property does not have to be the end of your life as you know it. Yes, it’s a difficult situation. Yet, you have legal rights, and one of them is the right to have a DWI lawyer defend you.

Contact Blass Law for a confidential case evaluation. We have helped DWI defendants overcome their charges since 2009.

Charged with this in Houston, or worried you’re about to be? Call (713) 664-4000 or fill out the form on this page for a free, confidential consultation. We’ll tell you where your case stands and what we’d do first.