Driving While Intoxicated is charged when a person operates a motor vehicle in which location while intoxicated?

• A. A public place
• B. A private residence
• C. A private garage
• D. A moving train

Answer: (A)

The key idea is that Driving While Intoxicated applies when a person operates a motor vehicle in a place that the public can access. A public place is typically any area open to the public or used by the public, such as streets, highways, sidewalks, and public parking lots. Private residences and private garages are not public places, so operating a vehicle there while intoxicated doesn’t fit the usual DWI scenario. A moving train isn’t a motor vehicle under the same DWI framework in most codes, so it wouldn’t meet the standard definition either. Therefore, the location that fits the statute best is a public place where the public has access and traffic occurs.