Can You Be Arrested For Drunk Driving On Private Property?

While driving drunk on private property in Texas generally offers more protection from DWI charges than on public roads, there are exceptions. Parking lots, garages, and other areas accessible to the public are often treated as public places under Texas law, making DWI arrests possible.

Facing charges for driving under the influence anywhere, public or private, is a serious situation.  Seek guidance from a skilled Houston DWI lawyer in order to navigate the complexities of your case with confidence.

Texas DWI Laws for Public and Private Property

Texas law defines a DWI as operating a motor vehicle in a public place while intoxicated. A public place is broadly defined, it’s important to consider guidelines in the following areas.

• Parking lots and parking garages. Even when privately owned, lots and garages are often considered public places under Texas law. This is because the public generally has access to these areas, whether for shopping, work, or other activities. If you are caught driving under the influence in a parking lot, you can indeed be arrested and charged with a DWI. The rationale is that other people, including pedestrians and drivers, are at risk in these areas, just as they would be on a public street.
• Private driveways. In general, private property that is not accessible to the public, such as a driveway or a private ranch, is not considered a public place under Texas law. This means that you are less likely to be arrested for driving under the influence if you are operating a vehicle on your own property, assuming it is not open to the public.

It is also important to note that residential property accidents don’t mean you are completely immune from legal consequences. If there is an accident, injury, or other significant incident on private property law enforcement may still have grounds to take action. Additionally, if you are driving in a way that draws attention to law enforcement (such as erratic driving or causing a disturbance), you may still face charges under different statutes, such as public intoxication.

Exceptions and Legal Nuances

There are a range of exceptions to the general rule that you cannot be arrested for DWI on purely private property. For example, if your private property is easily accessible and regularly used by the public—such as an open driveway that connects directly to a public road—there could be an argument that the area is public, and thus subject to DWI laws. Similarly, if the police have a valid reason to believe you intend to leave the private property and drive on a public road while intoxicated, they may intervene before you do so.

The circumstances of your drunk driving arrest will greatly influence the outcome. Share your case specifics with a knowledgeable Houston DWI lawyer. Then, the two of you can discuss possible defense strategies.

Do you have questions about being arrested for drunk driving on private property? Bring your questions to the attorneys at Ayson Law Firm. Contact us today for a confidential consultation.