Could I Be Charged with a Texas DWI on Private Property?

 Posted on April 07, 2025 in DWI

DWI charges usually occur on public highways and roads, and one of the most prevalent myths you may hear about DWI charges is that if you are on private land, you cannot be charged with the offense. Private land could include your own property, a friend’s property, or even privately owned commercial properties.

Virtually all of these types of private properties have driveways, parking lots, and other locations specifically for vehicle usage. If you believe that you cannot be arrested for DWI on private land, you would be mistaken. Under Texas Penal Code Section 49.04(a), a DWI violation is defined as an intoxicated person operating a motor vehicle in a public place.

The word "place" is important here. The statute does not say "public property," "public lands," or "public highway." It says public place. It is likely that this is deliberately ambiguous wording, and, in fact, more than one Texas court has interpreted a public place to include private lands "to which the public has access."

If you have been charged with DWI in Texas, and you are not particularly worried because you were on private property, your best course of action is to contact an experienced Weatherford, TX DUI attorney as quickly as possible. You need a strong legal advocate who can build a strong defense on your behalf.  

Does the Public Have Access to the Private Land?

In almost every case, the public has access to other people’s properties, especially their driveways. You might think that you are safe parking in the Walmart parking lot to sleep it off, but you would be wrong. The public obviously has access to the parking lots of retail stores and other types of public businesses.

If a police officer finds you sleeping off too much alcohol in the parking lot, and it can be proven that you had "control" of the vehicle (i.e., you had the keys in the ignition or you were sleeping in the driver’s seat), you can absolutely be arrested and charged with DWI.

To be very clear, it does not matter that you are not driving, and it does not matter that you are on private property. You can still find yourself in the back of a police cruiser on the way to spending your night behind bars. A private driveway is a closer call than a private parking lot, but it has been argued by prosecutors many times that private driveways leading to private residences are public places for a DWI arrest.

Avoiding DWI Charges  

If you have too much to drink, your best choice is to call an Uber to take you home or ask a friend or family member to come and get you. Barring those options, if you plan on driving somewhere close to sleep it off, remember the following:

• Do not sit in the driver’s seat behind the wheel – ever.
• Make sure the keys are not in the ignition. Put them in your pocket or purse or under the seat.
• Do not leave the vehicle running.
• Do not turn on the air conditioning or heater.
• Do not put your seatbelt on.
• Do not turn on your windshield wipers or headlights.

Most of all, do not think you can avoid a DWI by fleeing from the officer to get to private land. Fleeing an officer on foot is a misdemeanor offense, punishable by up to a year in jail and a maximum fine of $4,000. Fleeing an officer in a vehicle is a third-degree felony, punishable by two to 20 years in prison and a maximum fine of $10,000.

Contact a Parker County, TX DWI Lawyer

If you are facing DWI charges in Texas, you need a highly skilled, aggressive Weatherford, TX DWI attorney from Soraya Joslin, P.C.. Attorney Joslin served as an ADA for several years, giving her a thorough understanding of how the justice system works on both sides. With more than 30 years of experience, you will receive the strong defense you deserve. Call 817-599-7005 to schedule your free consultation.