One common misconception I’ve encountered frequently in my years defending DWI cases throughout Galveston County is that DWI charges can only result from driving on public roads. Surprisingly, Texas law is far more extensive than that. So, yes—you can absolutely face DWI charges even if your vehicle never leaves a parking lot.
Texas DWI Law: Beyond Public Roads
Under Texas Penal Code §49.04, Driving While Intoxicated (DWI) doesn’t strictly require you to be driving on a public highway or street. The law defines operating a vehicle in a public place broadly enough to include areas such as parking lots, garages, private properties accessible to the public, and even driveways of businesses.
Imagine you’re at a local Galveston restaurant, you’ve had a couple of drinks, and you’re sitting in your parked car with the keys in the ignition. An officer who receives a call about suspicious behavior can approach and subsequently arrest you if there’s probable cause to suspect intoxication. You don’t need to have driven even one foot.
Real-Life Situations
How Parking Lot DWIs Happen
Consider these common scenarios:
- Sitting in your parked car: Even if your car is off, if you’re intoxicated with keys accessible, officers might determine you intended to drive.
- Sleeping it off: Ironically, even responsibly deciding to “sleep off” alcohol in your vehicle in a parking lot can lead to arrest.
- Moving within a parking area: Simply repositioning your vehicle a short distance within a parking lot after consuming alcohol can also trigger a DWI arrest.
Can You Get A DWI For Sleeping in Your Car?
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Defense Strategies for Parking Lot DWI Charges
These types of arrests can seem particularly unfair, given the circumstances. That’s why having an experienced Galveston DWI defense attorney on your side is fundamental. At Tad Nelson & Associates, we’ve successfully challenged cases involving questionable probable cause, improper police procedures, and contested the legal definition of “operating” a vehicle.
Our team, including Board Certified® Criminal Law Attorney Tad Nelson and ACS/CHAL Lawyer Scientist Amber Spurlock, can thoroughly investigate your situation and build a compelling defense.
Facing a Parking Lot DWI in Galveston?
Here’s What to Do
If you find yourself charged with DWI in a parking lot or another unconventional location, don’t assume it’s a straightforward conviction. Immediately contacting a seasoned criminal defense attorney can make a profound difference in the outcome of your case.
Tad Nelson & Associates is here to provide knowledgeable, aggressive representation.
Call us today at (409) 904-0075 or reach out via our contact form for a confidential consultation.
Don’t Underestimate the Consequences
Call Tad Nelson & Associates For Help
Remember, even a first-time DWI charge carries severe penalties, including license suspension, hefty fines, and potential jail time. Protect your rights and your future—speak to our legal team today and ensure you have robust representation when it matters most.
