Can I be charged with a DWI if I’m not driving a car?
In California, you can be charged with a DWI (driving while intoxicated) even if you are not operating a motor vehicle. According to California Vehicle Code 23152, you can be arrested for a DWI if you are under the influence of drugs or alcohol and you are in actual physical control of a vehicle. This means that even if you are not driving, but you are still in the car and have possession of the keys, you can be charged with a DWI. Additionally, if you are in some way attempting to operate the vehicle or are in enough control of the car to be able to drive it, you may also be charged with a DWI. This includes being in an impaired state on a bus, or even in a parked car. If the police have evidence that you had the ability to drive the car before or after drinking alcohol, then you can be charged with a DWI. If you are convicted of a DWI in California, you could face serious penalties, including imprisonment, hefty fines, and a suspended license. If you find yourself in a situation in which you could potentially be charged with a DWI, it is important to speak to a qualified attorney as soon as possible.
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