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

Yes, you can be charged with a Driving While Intoxicated (DWI) offense in California even if you are not driving a vehicle. The California Vehicle Code makes it illegal to be in actual physical control of a vehicle while under the influence of alcohol or drugs. This means that if a person is impaired due to alcohol or drugs and is in control of a vehicle, even if the vehicle does not move, the individual may still be arrested for a DWI. For example, if a person is sitting in the driver’s seat of a car and has the keys in the ignition, they may still be placed under arrest for a DWI. This is because they could still make the car move if they wanted to. Similarly, if a person is operating or in control of a boat, ATV, or any type of vehicle while impaired, they can still be charged with a DWI. In addition, driving under the influence laws may apply to areas other than roads or highways. For instance, persons who are unlawfully in control of a vehicle while impaired may be arrested for a DWI even if they are in a parking garage or lot, or any area where a motor vehicle is able to operate. It is important to remember that a DWI charge can have serious consequences in California, including steep fines, license suspensions, and even possible jail time. Therefore, it is essential to always check your sobriety before operating any vehicle to avoid any potential DWI charges.

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

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