Dyar v. State

In Dyar v. State, 59 S.W.3d 713, 715-16 (Tex. App.--Austin 2001), aff'd, 125 S.W.3d 460, 464-66 (Tex. Crim. App. 2003), the defendant, who exhibited several signs of intoxication, was arrested without a warrant in the hospital to which he was taken following a one-car accident in which he had been driving. 59 S.W.3d at 714. The Court held that the circumstances warranted the determination that the defendant had been found in a suspicious place under circumstances that reasonably showed that he was guilty of driving while intoxicated, a breach of the peace. Id. at 716-17. The court of criminal appeals agreed. Dyar, 125 S.W.3d at 468. In Dyar v. State, the defendant was arrested without a warrant in a hospital. 59 S.W.3d at 714. He had been taken to the hospital shortly after midnight on New Year's Eve from the scene of a one-car rollover accident in which he had been driving. He exhibited several signs of intoxication, and he admitted to the officer that he had been "partying." Id. The Court held that these circumstances warranted the determination that Dyar had been found in a "suspicious place" under circumstances that reasonably showed that he was guilty of driving while intoxicated, which is a breach of the peace. Id. at 716-17. The court of criminal appeals reached the same conclusion. Dyar, 125 S.W.3d at 468.