DUI in a Texas Gated Community?

I live in a gated neighborhood of 230 homes and last night a non-resident or guest was under the influence and wrecked into a fire hydrant. The police arrested him and would be able to charge for a number of things, but said they could not charge him with a DUI due to the community being private. I believe the Texas law states that a DUI can only be issued in a public place, but later it defines "Public" as any area where the public, or a substantial amount of the public, have access. Since the community has 230 homes, is that substantial enough? Especially since he is not a resident, or a guest of a resident, do we have further recourse?