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Can I get a DWI in my driveway?

On Behalf of | Jan 28, 2025 | Drunk Driving

Driving while intoxicated in Texas is illegal. You may assume that you can only be charged with DWI if you are pulled over in a public place, such as a road or highway.

However, you can be charged with DWI whether you are in a public or private place, including your own driveway. A police officer can pull you over while you are turning into your driveway as you arrive home and conduct a DWI investigation.

If you see a police officers lights behind you, and you are worried because you have had a couple drinks, do not try to drive to your house, believing that you are at “home base” and protected from a DWI stop. Never try to outrun the police.

What to do at a DWI stop

Pull over to the closest safe place you can find. Sometimes that might be your driveway if you were close to home. The police officer will ask you questions and potentially ask you to perform field sobriety or chemical tests.

Treat the situation as you would any other DWI stop. Do not fight with the police officer about being in your driveway.

Remember to exercise your right to remain silent. The officer will likely ask you if you have had anything to drink and how much. You do not need to respond. Do not admit to consuming any alcohol.

You do have the right to refuse a field sobriety test. These are tests measuring your balance and coordination, such as walking heel-to-toe or standing on one leg. They are easy to fail even if you are sober, which is why refusing is best.

Texas DWI penalties

Importantly, you do have the right to refuse a breathalyzer test or other chemical test, but you face enhanced penalties if you fail and are charged with DWI. The penalties for DWI on private property are the same as on public property, which could include fines, jail time and driver’s license loss.

Whether you are arrested for DWI in your driveway or on any other private property, you have the right to defend yourself. An examination of the situation can help you discover any potential defenses.