the presence, of the arresting officer. Tex. Code Crim. P. Ann. Art. 14.01 (Vernon 1977); Warrick v. State, 634 S.W.2d 707, 709 (Tex.Crim.App.1982); Reynolds v. State, 902 S.W.2d 558, 559 (Tex.App.—Houston [1st Dist.] 1995, pet. ref'd). Because Officer York did not see appellant driving, a warrantless arrest for DWI would not have been proper under Article 14.01. Article 14.03 of the Texas Code of Criminal Procedure permits a warrantless arrest of persons (1) found in suspicious places and (2) under circumstances which reasonably show that such persons have been guilty of a breach of the peace, among other offenses. Tex.Code Crim. Proc. Ann. art. 14.03 (Vernon Supp.1997). Driving while intoxicated is a breach of the peace. Romo v. State, 577 S.W.2d 251, 25 (Tex.App.—San Antonio 1996) (<HOLDING>). The facts of this case, however, as known to
holding that the words at the scene   imply a specific place    and limit rather than expand the officers power to arrest and the scene is the place where the accident occurred holding that convictions for both leaving the scene of an accident involving injury and leaving the scene of an accident involving property damage only were inconsistent and therefore could not be sustained holding that the defendant was guilty of leaving the scene because the injured party and a police officer were present at the scene within a reasonable time after the accident holding site of accident without more was not a suspicious place holding scene of accident was suspicious place