Drunk driving in Texas but car was not moving
Can I be arrested for a Texas DWI if I was not driving?Most drivers realize they can be arrested for a Texas DWI or driving while intoxicated in Texas if they are operating a motorized vehicle while under the influence of drugs or alcohol (not having the normal use of their mental or physical faculties) or if they have a blood alcohol concentration of 0.08% or higher.
If you are arrested for a Texas DWI this is a Class B Misdemeanor and it is defined under Texas Penal Code ß49.04. That provision states that, "A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place street, highway, beach, parking lot, etc. But what happens if you are sitting in the parking lot and the car is not moving? How can you be arrested for drunk driving if you are not driving? Texas laws defines operating a motorized vehicle or drunk driving as having the ability to dominate, direct or regulate the vehicle this may mean that you can be arrested for a Texas DWI even if you are not driving at the time you are arrested for drunk driving. Unfortunately, this interpretation of the drunk driving law may punish those drivers who realize they are too intoxicated to drive and have a high blood alcohol concentration and decide to pull over to the side of the road or into a public parking lot to wait until they are able to safely drive. So can you be arrested if you are simply sitting behind the steering wheel? It may be possible, especially if the keys are in the ignition or the car is running, and the state can prove that you have actual physical control of the car.