Private Property and Drunk Driving
For those who have been out driving while drunk in a public location, it's typical to be charged with a DWI when pulled over by law enforcement. However, how does the situation change when you are caught driving drunk on property that you own? It is incorrect to assume that you are immune from being charged or arrested for a DWI infraction when you are on your own property. Although there are certain circumstances where you could be in the clear, in most cases, you are anything but.
In Texas, the law specifically states that one must be operating a motor vehicle while under the influence of an intoxicant in a public space to be charged with a DWI. However, examples such as parking lots can oftentimes be considered private property under certain circumstances, yet they are also open to the public for use. Therefore, this would be considered a public space in the context of a DWI. If you live on a private road where non-residents are able to access it, then this may also be determined as public space when judging the validity of a DWI charge.
Law enforcement may detain you if they have any probable cause that you may be operating a motor vehicle under the influence. If your behavior is a threat to yourself or others, police may be able to intervene even when you are operating the motor vehicle on private property. Since you still can be charged with various endangerment charges, never assume that you are totally immune from a DWI conviction while driving drunk on private property.
When you are outside of your home, even if it is on land that you own, the assumption that you can do what you want just because it is your own property begins to become a gray area. Whenever somebody who is intoxicated gets behind the wheel of a motor vehicle, they run the risk of being subjected to a DWI charge and convicted no matter the location of its operation.
If a DWI charge has been levied against you, especially if the incident occurred on property that you believed to be your own, contact our law firm immediately to speak with an educated attorney on the matter. Our offices have handled countless cases in order to properly protect our clients' rights. At a time when justice has never been more important, don't leave your freedom to mere assumptions.
Contact us today to consult with our attorneys!
