Legal Question in DUI Law in Texas

drunk driving with heavy property damage on private property continue

in regards to my previous question ...the driver was attempting to enter the street but instead of reverse she was in drive and ran down the hill into my yard instead....she was given a soberity test she was declared drunk by officers present could she be charged with DUI ???


Asked on 6/30/09, 1:21 pm

1 Answer from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

Re: drunk driving with heavy property damage on private property continue

I believe I have answered this question previously. If the area was deemed to be a private place rather than a public place, then the driver cannot be charged with DWI. DWI requires the operation of a motor vehicle, in a public place, while intoxicated.

There are likely other offenses the driver could be charged with. Public Intoxication comes to mind. Possibly Criminal Mischief, etc.

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Answered on 6/30/09, 1:26 pm


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