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Texas DWI Elements Explained – What is a Public Place?

Home  >  Blog  >  Texas DWI Elements Explained – What is a Public Place?

October 20, 2023 | By Sloane Law Firm
Texas DWI Elements Explained – What is a Public Place?

Aggressive DWI Defense in Tarrant County and the Dallas – Fort Worth Area

Driving While Intoxicated (DWI) is one of the most common criminal offenses in Tarrant County, the Dallas – Fort Worth Area, and Texas. An DWI conviction has serious consequences – such as, jail or prison time, a driver license suspension, and a stain on your criminal record. The experienced Tarrant County DWI Criminal Defense Lawyers with Sloane Law Firm can protect you!

Driving While Intoxicated

Under Texas Penal Code § 49.04, a person commits a DWI offense if they: (1) Operate (2) A motor vehicle (3) While intoxicated (4) In a public place

What is a public place?

A “public place” is any place that the general public has access to. This means that privately-owned places, such as private parking lots or driveways, are considered public places for a DWI offense. Were you arrested for a DWI in a place that is not open to the public? An experienced Tarrant County DWI Lawyer can determine if you have a valid legal defense to whether you were in a public place at the time of arrest.

Punishment for DWI in Texas

The punishment range for a DWI offense in Texas depends on a variety of factors. Punishment depends on whether it is a first, second, or third DWI. Various enhancements, such as having an open container, having a child under 15 years old in the vehicle with you, or having a Blood Alcohol Concentration of 0.15 or higher, can also increase the offense level and punishment range.

Criminal Offense

Offense Level

Punishment Range

1st DWI

Class B Misdemeanor

3-180 days in jail and/or a maximum $2,000 fine

2nd DWI

Class A Misdemeanor

30-365 days in jail and/or a $2,000-$4,000 fine

3rd DWI

3rd Degree Felony

2-10 years in prison and/or a maximum $10,000 fine

DWI with Open Container

Class B Misdemeanor

3-180 days in jail and/or a maximum $2,000 fine

DWI BAC >/= 0.15

Class A Misdemeanor

30-365 days in jail and/or a $2,000-$4,000 fine

DWI with Child Passenger (under 15 y/o)

State Jail Felony

180 days-2 years in state jail facility and/or maximum $10,000 fine

How to Fight - Contact Us for a Free Consultation with our Tarrant County DWI Criminal Defense Lawyers

If you or a loved one are facing a DWI offense accusation, you need aggressive criminal defense representation. A DWI conviction carries substantial prison time, permanently stains your criminal record, and results in numerous collateral consequences. The experienced Tarrant County DWI Criminal Defense Lawyers with Sloane Law Firm are here to protect you! Our Tarrant County DWI Criminal Defense Lawyers have helped thousands of clients fight alcohol-related cases in Texas and throughout the greater Dallas – Fort Worth Area, such as:
  • Tarrant County
  • Dallas County
  • Parker County
  • Denton County
  • Wise County
  • Johnson County
  • Hood County
  • Ellis County
  • Collin County

Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County DWI Criminal Defense Lawyers at Sloane Law Firm!

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Practice Areas

  • Fort Worth DWI Lawyer
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