Can You Be Charged with DWI on Private Property in Texas?

 Posted on June 22, 2025 in DWI

Driving while intoxicated (DWI) charges in Texas are not limited to activity on public roads. Even sitting in a parked car on private property can still lead to an arrest, and the law may treat the situation the same as if you were driving on the street. Understanding how Texas defines "operation" and "public place" is essential in building your defense, and a Frisco, TX DWI defense lawyer can help you challenge the evidence.

What Counts as a Public Place Under Texas DWI Law?

Under Texas Penal Code § 49.04, it is illegal to operate a motor vehicle in a public place while intoxicated. Statute § 1.07(40) defines a public place as anywhere that the public can access. This can include areas that feel private but are accessible to others. For example, parking lots for apartment complexes and shopping centers, as well as gated community streets accessible to residents or guests, are generally considered public places. Even driveways or garages visible and accessible to invitees or service workers can be labeled public. It is not enough to know that the property is privately owned. The question to consider is whether or not it is accessible to the public or a substantial portion of the public during the time that you were there.

Can You Be Arrested for DWI for Sitting in a Parked Car in Texas?

Texas courts interpret "operating" a vehicle broadly. You do not have to be driving down the road to be charged. If you were in the driver’s seat, had the keys nearby, or were manipulating the vehicle's controls, prosecutors may argue that you were operating the vehicle while intoxicated. Officers will look for signs like the car being in gear, the engine being warm, or recent movement of the vehicle to support the charge.

How Do You Challenge a DWI on Private Property?

Your attorney will need to assess the details of your case to determine the most effective strategy for challenging the charges against you. However, common defenses include:

• You were not operating the vehicle: You may be able to claim that you were resting, sleeping, or simply waiting in the car with no intent to drive.

• You were not in a public place: If you were arrested in a parking lot or driveway and the area was fully restricted from public access, that could be grounds for getting the charges dismissed.

• There was no probable cause: The arresting officer may have lacked sufficient legal justification to initiate contact or ask you to submit to field sobriety or chemical testing.

• The evidence is faulty: Blood alcohol testing and field sobriety results can be flawed and unreliable, especially if they are not properly administered.

Defenses in these cases are often built on small details. Talk to your legal representative about your case and be as thorough as possible.

Contact a Frisco, TX DWI Defense Attorney for a Free Consultation

If you are facing a DWI charge from an incident on private property or in a parked car, you need experienced legal assistance. Texas prosecutes DWI cases aggressively, but the Collin County, TX DWI defense lawyers at Law Offices of Biederman & Burleson P.L.L.C. have over 25 years of combined experience and more than 500 trial victories in DWI cases. We understand how to challenge these charges. Do not assume your case is minor just because you were not on the road. We will investigate the circumstances of your arrest to determine the best possible defense strategy and will fight for your rights. Call us today at 469-333-3333 for a free consultation.