Can I be charged with a DWI if I’m not driving a car?

Yes, it is possible to be charged with a DWI even if you are not driving a car. In Texas, the legal definition of driving while intoxicated (DWI) is operating a motor vehicle in a public place while having an alcohol concentration of 0.08 or higher. Under Texas law, “operate” has a broad meaning. This definition includes operating, or being in physical control of, a motor vehicle. It also encompasses the process of guiding, directing, or regulating a motor vehicle. Therefore, you do not need to actually drive a car to be charged with DWI in Texas. For example, if a person was found to be in physical control of a vehicle, such as sitting in the driver’s seat with the keys in the ignition, and had a BAC of 0.08 or greater, that person could still be arrested and charged with DWI. Other examples include attempting to start a vehicle, having the engine running, or even simply being found in a parked car with the keys in the ignition with a BAC of 0.08 or greater. Keep in mind that in order to be charged with a DWI, the law enforcement officer must have probable cause to believe you are driving while intoxicated. This is why it is important to never sit behind the wheel of a car if you have been drinking.

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Can I be charged with a DWI if I’m not driving a car?

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